Women in Judaism

This article is about historical and modern views of Jews. For the portrayal of women in the Bible, see Women in the Bible.

The role of women in Judaism is determined by the Hebrew Bible, the Oral Law (the corpus of rabbinic literature), by custom, and by non-religious cultural factors. Although the Hebrew Bible and rabbinic literature mention various female role models, religious law treats women differently in various circumstances.

Gender has a bearing on familial lines: in traditional Judaism, Jewishness is passed down through the mother, although the father's name is used to describe sons and daughters in the Torah, e.g., "Dinah, daughter of Jacob".[1]

Biblical times

Relatively few women are mentioned in the Bible by name and role, suggesting that they were rarely in the forefront of public life. There are a number of exceptions to this rule, including the Matriarchs Sarah, Rebecca, Rachel, and Leah, Miriam the prophetess, Deborah the Judge, Huldah the prophetess, Abigail who married David, Rahab and Esther. In the Biblical account these women did not meet with opposition for the relatively public presence they had.

According to Jewish tradition, a covenant was formed between the Israelites and the God of Abraham at Mount Sinai. The Torah relates that both Israelite men and Israelite women were present at Sinai, however, the covenant was worded in such a way that it bound men to act upon its requirements and to ensure that the members of their household (wives, children, and slaves) met these requirements as well. In this sense, the covenant bound women as well, though indirectly.[2]

Marriage and family law in biblical times favored men over women. For example, a husband could divorce a wife if he chose to, but a wife could not divorce a husband without his consent. The practice of levirate marriage applied to widows of childless deceased husbands, but not to widowers of childless deceased wives. Laws concerning the loss of female virginity have no male equivalent. These and other gender differences found in the Torah suggest that women were subordinate to men during biblical times, however, they also suggest that biblical society viewed continuity, property, and family unity as paramount.[2] However, men had specific obligations they were required to perform for their wives. These included the provision of clothing, food, and sexual relations to their wives.[3]

Women also had a role in ritual life. Women (as well as men) were required to make a pilgrimage to the Temple in Jerusalem once a year and offer the Passover sacrifice. They would also do so on special occasions in their lives such as giving a todah ("thanksgiving") offering after childbirth. Hence, they participated in many of the major public religious roles that non-levitical men could, albeit less often and on a somewhat smaller and generally more discreet scale.

Women depended on men economically. Women generally did not own property except in the rare case of inheriting land from a father who didn't bear sons. Even "in such cases, women would be required to remarry within the tribe so as not to reduce its land holdings."[2]

According to John Bowker (theologian), traditionally, Jewish "men and women pray separately. This goes back to ancient times when women could go only as far as the second court of the Temple."[4]

Talmudic times

Classical Jewish rabbinical literature contains quotes that may be seen as both laudatory and derogatory of women. The Talmud states that:

While few women are mentioned by name in rabbinic literature, and none are known to have authored a rabbinic work, those who are mentioned are portrayed as having a strong influence on their husbands. Occasionally they have a public persona. Examples are Bruriah, the wife of the Tanna Rabbi Meir; Rachel, the wife of Rabbi Akiva; and Yalta, the wife of Rabbi Nachman. Rabbi Elazar's wife (of Mishnaic times) counselled her husband in assuming leadership over the Sanhedrin. When R' Elazar ben Azarya was asked to assume the role of Nasi ("Prince" or President of the Sanhedrin), he replied that he must first take counsel with his wife, which he did.[15]

Middle Ages

Jews lived all across the medieval world. They lived in both Muslim controlled lands such as Iran, Iraq, Egypt, Spain, North Africa, as well as Christian controlled lands such as France, Germany, Italy, and England.[16] Mark Cohen, in his book, Under Crescent and Cross, argues that Jews were more accepted and a part of the Islamic world than Jews living in Christian lands. He contends that Jews who lived in the Islamic ruled lands lived in a place that was culturally and professionally accepting towards Jews. This was mainly due to the fact that Jews were seen as a separate ethnicity (see Dhimmi). Jews were seen as a separate ethnicity due to visual cues (clothing, speech/language, calendar, religious space) and this gave Muslims the ability to tolerate them.[17] In contrast, the Christian world was a place of persecution for the Jews and they were not seen as a separate ethnic group. Cohen even states that the excesses of persecution and violence did not have a counterpart in the Islamic world.[18] During this time there was a conflict between Judaism’s lofty religious expectations of women and the reality of society in which these Jewish women lived; this is similar to the lives of Christian women in the same period.[19]

Since Jews were seen as second class citizens in the Christian and Muslim world, it was even harder for Jewish women to establish their own status. Avraham Grossman argues in his book Pious and Rebellious: Jewish Women in Medieval Europe that three factors affected how Jewish women were perceived by the society around them:“ the biblical and talmudic heritage; the situation in the non-Jewish society within which the Jews lived and functioned; and the economic status of the Jews, including the woman’s role in supporting the family.”[20] Grossman uses all three factors to argue that women’s status overall during this period actually rose.[21]

Religious Life

The basis for Jewish beliefs can be seen in central texts of Judaism: Talmud, Mishnah, Tanach, and responsa. These are rich sources to help in understanding what ordinary people thought and how they acted during the Middle Ages. From the sources we do have, we can see how Jewish women in the medieval world lived.

The synagogue was an important part of the Jewish community; it was used for more than just prayer. For the most part Jewish communities were able to govern themselves.They had their own governing council made up of lay as well as religious leaders.The council could oversee everything from the running the synagogue to reprimanding those who participated in sinful activities, such as gambling. The synagogue was the center of the Jewish community which many believe was key to its continuity in this period.[22]

Religious developments during the medieval period included relaxation on prohibitions against teaching women Torah, and the rise of women's prayer groups.[23] One place that women participated in Jewish practices publicly was the synagogue. Women probably learned how to read the liturgy in Hebrew.[24] In most synagogues they were given their own section, most likely a balcony; some synagogues had a separate building.[25] Separation from the men was created by the Rabbis in the Mishnah and the Talmud. The reasoning behind the Halacha was that a woman and her body would distract men and give them impure thoughts during prayer.[26] Due to this rabbinical interpretation, scholars have seen the women’s role in the synagogue as limited and sometimes even non-existent. However, recent research has shown that women actually had a larger role in the synagogue and the community at large. Women usually attended synagogue, for example, on the Sabbath and the holidays.[27] Depending on the location of the women in the synagogue, they may have followed the same service as the men or they conducted their own services. Since the synagogues were large, there would be a designated woman who would be able to follow the cantor and repeat the prayers aloud for the women.[25] Women had always attended services on Shabbat and holidays, but beginning in the eleventh century, women became more involved in the synagogue and its rituals. Women sitting separately from the men became a norm in synagogues around the beginning of the thirteenth century.[28] Women, however, did much more than pray in the synagogue. One of the main jobs for women was to beautify the building. There are Torah ark curtains and Torah covers that women sewed and survive today.[29] The synagogue was a communal place for both men and women where worship, learning and community activities occurred.

The rise and increasing popularity of Kabbalah, which emphasized the shechinah and female aspects of the divine presence and human-divine relationship, and which saw marriage as a holy covenant between partners rather than a civil contract, had great influence. Kabbalists explained the phenomenon of menstruation as expressions of the demonic or sinful character of the menstruant.[30] These changes were accompanied by increased pietistic strictures, including greater requirements for modest dress, and greater strictures during the period of menstruation. At the same time, there was a rise in philosophical and midrashic interpretations depicting women in a negative light, emphasizing a duality between matter and spirit in which femininity was associated, negatively, with earth and matter.[31] The gentile society was also seen as a negative influence on the Jewish community. For example, it seems that Jews would analyze the modesty of their non-Jewish neighbors before officially moving into a new community because they knew that their children would be influenced by the local gentiles.[32]

After the expulsion of the Jews from Spain in 1492, women became virtually the only source of Jewish ritual and tradition in the Catholic world in a phenomenon known as crypto-Judaism. Crypto-Jewish women would slaughter their own animals and made sure to keep as many of the Jewish dietary laws and life cycle rituals as possible without raising suspicion. Occasionally, these women were prosecuted by Inquisition officials for suspicious behavior such as lighting candles to honor the Sabbath or refusing to eat pork when it was offered to them. The Inquisition targeted crypto-Jewish women at least as much as it targeted crypto-Jewish men because women were accused of perpetuating Jewish tradition while men were merely permitting their wives and daughters to organize the household in this manner.[33]

Jewish women were also apart of the social phenomenon of martyrdom of the First Crusade. Most of the violence from the First Crusade towards Jews was due to the People’s Crusade. Inspired by the Pope’s call, Christians in Roven, Trier, Metz, Cologne, Mainz, Worms, Prague, and Bohemia, among others, massacred thousands of Jews. The local governments did not, at first, sanction the mass murder of Jews as part of the fervor of the Crusades. However, popular anxiety overcame many towns and villages and lead towards the local government’s support of killing Jews.[34] Although many Jews did convert, many rather chose to die. Through the sources, such as chronicles and poems, we see that Jewish women were often martyred with their families.[35] In contrast, most Christian women martyrs were members of a convent or religious order when they were martyred (See Women and Hagiography in Medieval Christianity for more information).[36]

Domestic Life

Marriage, Domestic Violence and Divorce are all topics discussed by Jewish sages of the Medieval world. Marriage is an important institution in Judaism (see Marriage in Judaism). The sages of this period discussed this topic at length.

Rabbeinu Gershom instituted a rabbinic decree (Takkanah) prohibiting polygamy among Ashkenazic Jews.[37] The rabbis instituted legal methods to enable women to petition a rabbinical court to compel a divorce. Maimonides ruled that a woman who found her husband "repugnant" could compel a divorce, "because she is not like a captive, to be subjected to intercourse with one who is hateful to her."[38][39] Divorce for Christian women was technically not an option. By the tenth century, Christianity considered marriage a sacrament and could not be dissolved (see Divorce in Medieval Europe).

The rabbis also instituted and tightened prohibitions on domestic violence. Rabbi Peretz ben Elijah ruled, "The cry of the daughters of our people has been heard concerning the sons of Israel who raise their hands to strike their wives. Yet who has given a husband the authority to beat his wife?"[40]Rabbi Meir of Rothenberg ruled that "For it is the way of the Gentiles to behave thus, but Heaven forbid that any Jew should do so. And one who beats his wife is to be excommunicated and banned and beaten."[41] Rabbi Meir of Rothenberg also ruled that a battered wife could petition a rabbinical court to compel a husband to grant a divorce, with a monetary fine owed her on top of the regular ketubah money.[42] These rulings occurred in the midst of societies where wife-beating was legally sanctioned and routine.[43]

Education

Jewish women had a limited education. They were taught to read, write, run a household. They were also given some education in religious law that was essential to their daily lives, such as keeping kosher.[24] Both Christian and Jewish girls were educated in the home. Although Christian girls may have had a male or female tutor, most Jewish girls had a female tutor.[44] Higher learning was uncommon for both Christian and Jewish women. Christian women could enter a convent in order to achieve a higher education (See Female Education in the Medieval Period).[45] There are more sources of education for Jewish women living in Muslim controlled lands. Middle Eastern Jewry, on the other hand, had an abundance of female literates. The Cairo Geniza is filled with correspondences written (sometimes dictated) between family members and spouses. Many of these letters are pious and poetic and express a desire to be in closer or more frequent contact with a loved one that is far enough away to only be reached by written correspondence. There are also records of wills and other personal legal documents as well as written petitions to officials in cases of spouse spousal abuse or other conflicts between family members written or dictated by women.[46]

Many women gained enough education to help their husbands out in business or even hold their own. Just like Christian women who ran their own business, Jewish women were engaged in their own occupations as well as helping their husbands. Jewish women seem to have lent money to Christian women throughout Europe.[47] Women were also copyists, midwives, spinners and weavers.[35][48]

Views on the education of women

From certain contexts of the Mishnah and Talmud it can be derived that women should not study Mishnah. There were female Tannaitic Torah jurists such as Rabbi Meir's wife,[49] Rabbi Meir's daughter, and the daughter of Haninyah ben Teradyon[50] Haninyah's daughter is again mentioned as a sage in the non-Talmud 3rd-century text Tractate Semahot verse 12:13.[51] Rabbi Meir's wife is credited with teaching him how to understand some verses from Isaiah.[52] In the Mishnah there is also a reference to certain women teaching men the Torah from behind a curtain, so that no man would be offended.

A yeshiva, or school for Talmudic studies, is an "exclusively masculine environment" because of absence of women from these studies.[53]

Beruryah

Beruryah (her name is a standard Jewish female name meaning 'the clarity of God') is a Tanna mentioned by name in the Talmud, who has a female name, has orally been transmitted as a female, and is referred to in the text using the nekeva (feminine Hebrew and Aramaic) adjectives and adverbs. Originally she was believed to be either Rabbi Meir's wife mentioned above, or Rabbi Chaninyah's daughter mentioned above, however over the past three to four centuries Rabbinic scholars have realized that these generations do not correspond to Beruryah's law decisions, and life, therefore she today is just 'Beruryah' and of heretofore unknown lineage.

Her law decisions were minor but set a crucial ancient precedent for modern Jewish women. She is mentioned at least four times in the Talmudic discourse regarding her law decrees first Babylonian Talmud Berakhot 10a then in Tosefta Pesahim 62b in Babylonian Talmud Eruvin 53b–54a and Babylonian Talmud Avodah Zarah 18b. In one case she paskinned din on "klaustra" a rare Greek word referring to an object, used in the Talmud, unfortunately Rabbi Yehudah Hanassi did not believe women could be credited with paskining din, as it says 'do not speak too much to women' (Tannah Rabbi Jesse the Galilean), and therefore credited the law to Rabbi Joshua who may have been her father.[54]

Beruryah however was actually remembered with great respect in the Talmud where she is lauded to have been reputed as such a genius that she studied “three hundred Halachot from three hundred sages in just one day” (Pesachim 62b). Clearly contradicting the injunction against women studying Torah.

Rashi's Daughters

Rashi had no sons and taught the Mishnah and Talmud to his daughters, until they knew it by heart as Jewish tradition teaches;[55] they then transferred their knowledge of original Mishnah commentary to the Ashkenazi men of the next generation.

Haim Yosef David Azulai, AKA 'The Hid'aa'

The Hida, wrote (Tuv Ayin, no. 4) woman should not study Mishnah only if they do not want to.'We cannot force a woman to learn, like we do to boys'. However, if she wants to learn then not only may she do so on her own, but men may originally teach her, and she can then teach other women if they so choose. According to the Hida, the prohibition against teaching women does not apply to a motivated woman or girl. Other Mizrahi Rabbis disputed this with him.

His response to detractors was that indeed, in truth, there is a prohibition against teaching Mishnah to any student—male or female—who one knows is not properly prepared and motivated, referred to a talmid she-eino hagun (Shulhan Arukh, Yoreh De'ah 246:7). Babylonian Talmud Berakhos 28a relates that Rabban Gamliel would announce that any student who is not pure enough so that 'his outer self is like his inner self' may not enter the study hall. While this approach, requiring absolute purity, was rejected by other ancient Rabbis, for example 'he who is not for the name of God, will become for the name of God', and a middle approach was adopted by Jews as standard. If one has knowledge that a particular Mishnayot student is definitely bad then he may not be taught. He claimed that 'it seems that for women there is a higher standard and she must be motivated in order to have this permission to learn' in his response to the Mizrahi tradition.

Yisrael Meir Kagan

One of the most important Ashkenazic rabbanim of the past century, Yisrael Meir Kagan, known poularly as the Chofetz Chaim. favored Torah education for girls to counteract the French "finishing schools" prevalent in his day for the daughters of the bourgeoisie.

"It would appear that all [these sexist laws] were intended for earlier generations when everyone dwelt in the place of their familial ancestral home and ancestral tradition was very powerful among all to follow the path of their fathers... under such circumstances we could maintain that a woman not study Mishnayos and, for guidance, rely on her righteous parents, but presently, due to our myriad sins, ancestral tradition has become exceptionally weak and it is common that people do not dwell in proximity to the family home, and especially those women who devote themselves to mastering the vernacular, surely it is a now a great mitzvah to teach them Scripture and the ethical teachings of our sages such as Pirkei Avos, Menoras Ha-Ma'or and the like so that they will internalize our sacred faith because [if we do not do so] they are prone to abandon the path of God and violate all principles of [our] faith."[56]

Joseph Solovetchik

Rabbi Yoseph Solovetchik 'amened' the teachings of The Hafetz Haim. Rabbi Solovetchik taught all religious Ashkenazi Jews with the exception of hardline Hasidim, not should, or if they show motivation, but must teach their female children Gemarah like the boy school children. He among others fully institutionlized the teaching of Mishnah and Talmud to girls, from an autobiography on him by Rabbi Mayor Twersky called "A Glimpse of the Rav" in R. Menachem Genack ed., Rabbi Joseph B. Soloveitchik: Man of Halacha, Man of Faith, page 113:

"The halakha prohibiting Torah study for women is not indiscriminate or all-encompassing. There is complete unanimity that women are obligated to study halakhot pertaining to mitsvot which are incumbent upon them... The prohibition of teaching Torah she-Ba'al Pe to women relates to optional study. If ever circumstances dictate that study of Torah sh-Ba'al Pe is necessary to provide a firm foundation for faith, such study becomes obligatory and obviously lies beyond the pale of any prohibition." Undoubtedly, the Rav's prescription was more far-reaching that that of the Hafets Hayim and others. But the difference in magnitude should not obscure their fundamental agreement [on changing the attitudes Halachically].

Present day

Orthodox Judaism

Orthodox Judaism is based on gendered understandings of Jewish practice—i.e., that there are different roles for men and women in religious life. There are different opinions among Orthodox Jews concerning these differences. Most claim that men and women have complementary, yet different roles in religious life, resulting in different religious obligations. Others believe that some of these differences are not a reflection of religious law, but rather of cultural, social, and historical causes. In the area of education, women were historically exempted from any study beyond an understanding of the practical aspects of Torah, and the rules necessary in running a Jewish household  both of which they have an obligation to learn. Until the twentieth century, women were often discouraged from learning Talmud and other advanced Jewish texts. In the past 100 years, Orthodox Jewish education for women has advanced tremendously.[57]

There have been many areas in which Orthodox women have been working towards change within religious life over the past 20 years: promoting advanced women's learning and scholarship, promoting women's ritual inclusion in synagogue, promoting women's communal and religious leadership, and more.[58] Women have been advancing change despite often vocal opposition by rabbinic leaders. Some Orthodox rabbis try to discount changes by claiming that women are motivated by sociological reasons and not by "true" religious motivation.[59] For example, Orthodox, Haredi, and Hasidic rabbis discourage women from wearing a yarmulke, tallit or tefillin.[60]

In most Orthodox synagogues, women still do not give a d'var Torah (brief discourse, generally on the weekly Torah portion) after or between services. Furthermore, a few Modern Orthodox synagogues have mechitzot dividing the left and right sides of the synagogue (rather than the usual division between the front and back of the synagogue, with women sitting in the back), with the women's section on one side and the men's section on the other.[61]

Rules of modesty

Main article: Tzniut

The importance of modesty in dress and conduct is particularly stressed among girls and women in Orthodox society. Many Orthodox women only wear skirts and avoid wearing trousers, and some married Orthodox women cover their hair with a wig, hat, or scarf. Judaism prescribes modesty for both men and women.

Rules of family purity

Main article: Niddah

In accordance with Jewish Law, Orthodox Jewish women refrain from contact with their husbands while they are menstruating, and for a period of 7 clean days after menstruating, and after the birth of a child. The Israeli Rabbinate has recently approved women acting as yoatzot, halakhic advisers on sensitive personal matters such as family purity.

Modern Orthodox Judaism

Rabbi Joseph B. Soloveitchik, a leader of profound influence in modern Orthodoxy in the United States, discouraged women from serving as presidents of synagogues or any other official positions of leadership,[62] from performing other mitzvot (commandments) traditionally performed by males exclusively, such as wearing a tallit or tefillin. Soloveitchik wrote that while women do not lack the capability to perform such acts, there is no mesorah (Jewish tradition) that permits it. In making his decision, he relied upon Jewish oral law, including a mishnah in Chulin 2a and a Beit Yoseph in the Tur Yoreh Deah stating that a woman can perform a specific official communal service for her own needs but not those of others.[63]

Women's issues garnered more interest with the advent of feminism. Many Modern Orthodox Jewish women and Modern Orthodox rabbis sought to provide greater and more advanced Jewish education for women. Since most Modern Orthodox women attend college, and many receive advanced degrees in a variety of fields, Modern Orthodox communities generally promote women's secular education. A few Modern Orthodox Synagogues have women serving as clergy, including Gilah Kletenik at Congregation Kehilath Jeshurun. In 2013, Yeshivat Maharat, located in the United States, became the first Orthodox institution to consecrate female clergy. The graduates of Yeshivat Maharat do not call themselves "rabbis." The title they are given is "maharat."[64] Also in 2013 Malka Schaps became the first female Haredi dean at an Israeli university when she was appointed dean of Bar Ilan University's Faculty of Exact Sciences.[65] Also in 2013, the first class of female halachic advisers trained to practice in the US graduated; they graduated from the North American branch of Nishmat’s yoetzet halacha program in a ceremony at Congregation Sheartith Israel, Spanish and Portuguese Synagogue in Manhattan and SAR High School in Riverdale, New York began allowing girls to wrap tefillin during Shacharit-morning prayer; it is probably the first Modern Orthodox high school in the U.S. to do so.[66][67]

In 2014 the first ever book of halachic decisions written by women who were ordained to serve as poskot (Idit Bartov and Anat Novoselsky) was published.[68] The women were ordained by the municipal chief rabbi of Efrat, Rabbi Shlomo Riskin, after completing Midreshet Lindenbaum women’s college’s five-year ordination course in advanced studies in Jewish law, as well as passing examinations equivalent to the rabbinate’s requirement for men.[68]

In 2015 Jennie Rosenfeld became the first female Orthodox spiritual advisor in Israel (specifically, she became the spiritual advisor, also called manhiga ruchanit, for the community of Efrat.)[69]

Women's prayer groups

Separate Jewish women's prayer groups were a sanctioned custom among German Jews in the Middle Ages. The Kol Bo provides, in the laws for Tisha B'Av:

And they recite dirges there for about a quarter of the night, the men in their synagogue and the women in their synagogue. And likewise during the day the men recite dirges by themselves and the women by themselves, until about a third of the day has passed.

In Germany, in the 12th and 13th centuries, women's prayer groups were led by female cantors. Rabbi Eliezar of Worms, in his elegy for his wife Dulca, praised her for teaching the other women how to pray and embellishing the prayer with music. The gravestone of Urania of Worms, who died in 1275, contains the inscription "who sang piyyutim for the women with musical voice." In the Nurnberg Memorial Book, one Richenza was inscribed with the title "prayer leader of the women."[70]

Orthodox women more recently began holding organized women's tefila (prayer) groups beginning in the 1970s. While no Orthodox legal authorities agree that women can form a minyan (prayer quorum) for the purpose of regular services, women in these groups read the prayers and study Torah. A number of leaders from all segments of Orthodox Judaism have commented on this issue, but it has had little impact on Haredi and Sephardi Judaism. However, the emergence of this phenomenon has enmeshed Modern Orthodox Judaism in a debate which still continues today. There are three schools of thought on this issue:

In 2013 the Israeli Orthodox rabbinical organization Beit Hillel issued a halachic ruling which allows women, for the first time, to say the Kaddish prayer in memory of their deceased parents.[74]

Women as witnesses

Traditionally, women are not generally permitted to serve as witnesses in an Orthodox Beit Din (rabbinical court), although they have recently been permitted to serve as toanot (advocates) in those courts. This limitation has exceptions which have required exploration under rabbinic law as the role of women in society and the obligations of religious groups under external civil law have been subject to increasing recent scrutiny.

The recent case of Rabbi Mordecai Tendler, the first rabbi to be expelled from the Rabbinical Council of America following allegations of sexual harassment, illustrated the importance of clarification of Orthodox halakha in this area. Rabbi Tendler claimed that the tradition of exclusion of women's testimony should compel the RCA to disregard the allegations. He argued that since the testimony of a woman could not be admitted in Rabbinical court, there were no valid witnesses against him, and hence the case for his expulsion had to be thrown out for lack of evidence. In a ruling of importance for Orthodox women's capacity for legal self-protection under Jewish law, Haredi Rabbi Benzion Wosner, writing on behalf of the Shevet Levi Beit Din (Rabbinical court) of Monsey, New York, identified sexual harassment cases as coming under a class of exceptions to the traditional exclusion, under which "even children or women" have not only a right but an obligation to testify, and can be relied upon by a rabbinical court as valid witnesses:

The Ramah in Choshen Mishpat (Siman 35, 14) rules that in a case where only women congregate or in a case where only women could possibly testify, (in this case the alleged harassment occurred behind closed doors) they can and should certainly testify. (Terumas Hadeshen Siman 353 and Agudah Perek 10, Yochasin)
This is also the ruling of the Maharik, Radvaz, and the Mahar"i of Minz. Even those "Poskim" that would normally not rely on women witnesses, they would certainly agree that in our case ... where there is ample evidence that this Rabbi violated Torah precepts, then even children or women can certainly be kosher as witnesses, as the Chasam Sofer pointed out in his sefer (monograph) (Orach Chaim T'shuvah 11)[75]

The Rabbinical Council of America, while initially relying on its own investigation, chose to rely on the Halakhic ruling of the Haredi Rabbinical body as authoritative in the situation.

Orthodox approaches to change

Leaders of the Haredi community have been steadfast in their opposition to a change in the role of women, arguing that the religious and social constraints on women, as dictated by traditional Jewish texts, are timeless and are not affected by contemporary social change. Many also argue that giving traditionally male roles to women will only detract from both women's and men's ability to lead truly fulfilling lives. Haredim have also sometimes perceived arguments for liberalization as in reality stemming from antagonism to Jewish law and beliefs generally, arguing that preserving faith requires resisting secular and "un-Jewish" ideas.

Modern Orthodox Judaism, particularly in its more liberal variants, has tended to look at proposed changes in the role of women on a specific, case-by-case basis, focusing on arguments regarding the religious and legal role of specific prayers, rituals and activities individually. Such arguments have tended to focus on cases where the Talmud and other traditional sources express multiple or more liberal viewpoints, particularly where the role of women in the past was arguably broader than in more recent times. Feminist advocates within Orthodoxy have tended to stay within the traditional legal process of argumentation, seeking a gradualist approach, and avoiding wholesale arguments against the religious tradition as such. Nevertheless, a growing Orthodox feminist movement seeks to address gender inequalities.[76]

Agunot

Agunot (lit. "chained women") are women who are wish to divorce their husbands, but whose husbands refuse to give them a writ of divorce (a "get"). In Orthodox Judaism, only a man is able to serve a "get."[77]

Conservative Judaism

Although the position of Conservative Judaism toward women originally differed little from the Orthodox position, it has in recent years minimized legal and ritual differences between men and women. The Committee on Jewish Law and Standards (CJLS) of the Rabbinical Assembly has approved a number of decisions and responsa on this topic. These provide for women's active participation in areas such as:

A rabbi may or may not decide to adopt particular rulings for the congregation; thus, some Conservative congregations will be more or less egalitarian than others. However, there are other areas where legal differences remain between men and women, including:

A Conservative Jewish ketuba includes a clause that puts a husband and wife on more equal footing when it comes to marriage and divorce law within halacha.[78]

The CJLS recently reaffirmed the obligation of Conservative women to observe niddah (sexual abstinence during and after menstruation) and mikvah (ritual immersion) following menstruation, although somewhat liberalizing certain details. Such practices, while requirements of Conservative Judaism, are not widely observed among Conservative laity.

Changes in the Conservative position

Prior to 1973, Conservative Judaism had more limited roles for women and was more similar to current Modern Orthodoxy, with changes on issues including mixed seating, synagogue corporate leadership, and permitting women to be called to the Torah. In 1973, the CJLS of the Rabbinical Assembly voted, without issuing an opinion, that women could count in a minyan. In 1983, the Jewish Theological Seminary of America (JTSA) faculty voted, also without accompanying opinion, to ordain women as rabbis and as cantors.[78]

In 2002, the CJLS adapted a responsum by Rabbi David Fine, Women and the Minyan, which provides an official religious-law foundation for women counting in a minyan and explains the current Conservative approach to the role of women in prayer.[79] This responsum holds that although Jewish women do not traditionally have the same obligations as men, Conservative women have, as a collective whole, voluntarily undertaken them. Because of this collective undertaking, the Fine responsum holds that Conservative women are eligible to serve as agents and decision-makers for others. The responsum also holds that traditionally-minded communities and individual women can opt out without being regarded by the Conservative movement as sinning. By adopting this responsum, the CJLS found itself in a position to provide a considered Jewish-law justification for its egalitarian practices, without having to rely on potentially unconvincing arguments, undermine the religious importance of community and clergy, ask individual women intrusive questions, repudiate the halakhic tradition, or label women following traditional practices as sinners.

In 2006, the CJLS adopted three responsa on the subject of niddah, which reaffirmed an obligation of Conservative women to abstain from sexual relations during and following menstruation and to immerse in a mikvah prior to resumption, while liberalizing observance requirements including shortening the length of the niddah period, lifting restrictions on non-sexual contact during niddah, and reducing the circumstances under which spotting and similar conditions would mandate abstinence.[80][81][82][83]

In all cases continuing the Orthodox approach was also upheld as an option. Individual Conservative rabbis and synagogues are not required to adopt any of these changes, and a small number have adopted none of them.

Conservative approaches to change

Prior to 1973, Conservative approaches to change were generally on an individual, case-by-case basis. Between 1973 and 2002, the Conservative movement adapted changes through its official organizations, but without issuing explanatory opinions. Since 2002, the Conservative movement has coalesced around a single across-the board approach to the role of women in Jewish law.[84]

In 1973, 1983, and 1993, individual rabbis and professors issued six major opinions which influenced change in the Conservative approach, the first and second Sigal, Blumenthal, Rabinowitz, and Roth responsa, and the Hauptman article. These opinions sought to provide for a wholesale shift in women's public roles through a single, comprehensive legal justification. Most such opinions based their positions on an argument that Jewish women always were, or have become, legally obligated to perform the same mitzvot as men and to do so in the same manner.

The first Sigal and the Blumenthal responsa were considered by the CJLS as part of its decision on prayer roles in 1973. They argued that women have always had the same obligations as men. The first Sigal responsum used the Talmud's general prayer obligation and examples of cases in which women were traditionally obligated to say specific prayers and inferred from them a public prayer obligation identical to that of men. The Blumenthal responsum extrapolated from a minority authority that a minyan could be formed with nine men and one woman in an emergency. The Committee on Jewish Law and Standards (CJLS) declined to adopt either responsum. Rabbi Siegel reported to the Rabbinical Assembly membership that many on the CJLS, while agreeing with the result, found the arguments unconvincing.

The Rabinowitz, Roth, and second Sigal responsa were considered by the JTSA faculty as part of its decision to ordain women as rabbis in 1983. The Rabbinowitz responsum sidestepped the issue of obligation, arguing that there is no longer a religious need for a community representative in prayer and hence there is no need to decide whether a woman can halakhically serve as one. The CJLS felt that an argument potentially undermining the value of community and clergy was unconvincing: "We should not be afraid to recognize that the function of clergy is to help our people connect with the holy." The Roth and second Sigal responsa accepted that time-bound mitzvot were traditionally optional for women, but argued that women in modern times could change their traditional roles. The Roth responsum[85] argued that women could individually voluntarily assume the same obligations as men, and that women who do so (e.g. pray three times a day regularly) could count in a minyan and serve as agents. The JTSA accordingly required female rabbinical students wishing to train as rabbis to personally obligate themselves, but synagogue rabbis, unwilling to inquire into individual religiosity, found it impractical. The second Sigal responsum[86] called for a takkanah, or rabbinical edict, "that would serve as a halakhic ERA," overruling all non-egalitarian provisions in law or, in the alternative, a new approach to halakhic interpretation independent of legal precedents. The CJLS, unwilling to use either an intrusive approach or a repudiation of the traditional legal process as bases for action, did not adopt either and let the JTS faculty vote stand unexplained.

In 1993, Professor Judith Hauptman of JTS issued an influential paper arguing that women had historically always been obligated in prayer, using more detailed arguments than the Blumenthal and first Sigal responsa. The paper suggested that women who followed traditional practices were failing to meet their obligations. Rabbi Roth argued that Conservative Judaism should think twice before adopting a viewpoint labeling its most traditional and often most committed members as sinners. The issue was again dropped.

In 2002, the CJLS returned to the issue of justifying its actions regarding women's status, and adopted a single authoritative approach, the Fine responsum,[79] as the definitive Conservative halakha on role-of-women issues. This responsum holds that although Jewish women do not traditionally have the same obligations as men, Conservative women have, as a collective whole, voluntarily undertaken them. Because of this collective undertaking, the Fine responsum holds that Conservative women are eligible to serve as agents and decision-makers for others. The Responsum also holds that traditionally-minded communities and individual women can opt out without being regarded by the Conservative movement as sinning. By adopting this Responsum, the CJLS found itself in a position to provide a considered Jewish-law justification for its egalitarian practices, without having to rely on potentially unconvincing arguments, undermine the religious importance of community and clergy, ask individual women intrusive questions, repudiate the halakhic tradition, or label women following traditional practices as sinners.

Reform Judaism

Reform Judaism believes in the equality of men and women. The Reform movement rejects the idea that halakha (Jewish law) is the sole legitimate form of Jewish decision making, and holds that Jews can and must consider their conscience and ethical principles inherent in the Jewish tradition when deciding upon a right course of action. There is widespread consensus among Reform Jews that traditional distinctions between the role of men and women are antithetical to the deeper ethical principles of Judaism. This has enabled Reform communities to allow women to perform many rituals traditionally reserved for men, such as:

Concerns about intermarriage have also influenced the Reform Jewish position on gender. In 1983, the Central Conference of American Rabbis passed a resolution waiving the need for formal conversion for anyone with at least one Jewish parent who has made affirmative acts of Jewish identity. This departed from the traditional position requiring formal conversion to Judaism for children without a Jewish mother.[87]

The 1983 resolution of the American Reform movement has had a mixed reception in Reform Jewish communities outside of the United States. Most notably, the Israel Movement for Progressive Judaism has rejected patrilineal descent and requires formal conversion for anyone without a Jewish mother.[88]

Liberal prayerbooks tend increasingly to avoid male-specific words and pronouns, seeking that all references to God in translations be made in gender-neutral language. For example, the UK Liberal movement's Siddur Lev Chadash (1995) does so, as does the UK Reform Movement's Forms of Prayer (2008).[89][90] In Mishkan T'filah, the American Reform Jewish prayer book released in 2007, references to God as “He” have been removed, and whenever Jewish patriarchs are named (Abraham, Isaac, and Jacob), so also are the matriarchs (Sarah, Rebecca, Rachel, and Leah.) [91] In 2015 the Reform Jewish High Holy Days prayer book Mishkan HaNefesh was released; it is intended as a companion to Mishkan T'filah.[92] It includes a version of the High Holy Days prayer Avinu Malkeinu that refers to God as both "Loving Father" and "Compassionate Mother."[92] Other notable changes are replacing a line from the Reform movement’s earlier prayerbook, "Gates of Repentance," that mentioned the joy of a bride and groom specifically, with the line "rejoicing with couples under the chuppah [wedding canopy]", and adding a third, non-gendered option to the way worshippers are called to the Torah, offering “mibeit,” Hebrew for “from the house of,” in addition to the traditional “son of” or “daughter of.”[92]

Reform approaches to change

Reform Judaism generally holds that the various differences between the roles of men and women in traditional Jewish law are not relevant to modern conditions and not applicable today. Accordingly, there has been no need to develop legal arguments analogous to those made within the Orthodox and Conservative movements.

Reconstructionist Judaism

The equality of women and men is a central tenet and hallmark of Reconstructionist Judaism. From the beginning, Reconstructionist Jewish ritual allowed men and women to pray together — a decision based on egalitarian philosophy. It was on this basis that Rabbi Mordecai Kaplan called for the full equality of women and men, despite the obvious difficulties reconciling this stance with norms of traditional Jewish practice.[93] The Reconstructionist Movement ordained women rabbis from the start.[94] In 1968, women were accepted into the Reconstructionist Rabbinical College, under the leadership of Ira Eisenstein.[95] The first ordained female Reconstructionist rabbi, Sandy Eisenberg Sasso, served as rabbi of the Manhattan Reconstructionist Congregation in 1976 and gained a pulpit in 1977 at Beth El Zedeck congregation in Indianapolis. Sandy Eisenberg Sasso was accepted without debate or subsequent controversy.[96] In 2005, 24 out of the movement's 106 synagogues in the US had women as senior or assistant rabbis.[97] In 2013 Rabbi Deborah Waxman was elected as the President of the Reconstructionist Rabbinical College.[98][99] As the President, she is believed to be the first woman and first lesbian to lead a Jewish congregational union, and the first female rabbi and first lesbian to lead a Jewish seminary; the Reconstructionist Rabbinical College is both a congregational union and a seminary.[98][100]

The Reconstructionist Community began including women in the minyan and allowing them to come up to the Torah for aliyot. They also continued the practice of bat mitzvah.[101] Reconstructionist Judaism also allowed women to perform other traditional male tasks, such as serving as witnesses, leading services,[102] public Torah reading, and wearing ritual prayer garments like kippot and tallitot.[103] Female Reconstructionist rabbis have been instrumental in the creation of rituals, stories, and music that have begun to give women's experience a voice in Judaism. Most of the focus has been on rituals for life-cycle events.[104] New ceremonies have been created for births,[105] weddings, divorces, conversions,[106] weaning, and the onset of menarche and menopause. The Reconstructionist movement as a whole has been committed to creating liturgy that is in consonance with gender equality and the celebration of women's lives.[107][108][109] Another major step: The Federation of Reconstructionist Congregations has also developed educational programs that teach the full acceptance of lesbians,[110] as well as rituals that affirm lesbian relationships.[111][112] Reconstructionist rabbis officiate at same-sex weddings.[113] Reconstructionist Judaism also allows openly LGBT men and women to be ordained as rabbis and cantors.

Several prominent members of the Reconstructionist community have focused on issues like domestic violence.[114][115][116][117] Others have devoted energy to helping women gain the right of divorce in traditional Jewish communities.[118][119] Many have spoken out for the right of Jewish women to pray aloud and read from the Torah at the Western Wall in Jerusalem, the Women of the Wall group.[120]

When the roles of women in religion change, there may also be changed roles for men. With their advocacy of patrilineal descent in the 1970s, the Reconstructionist Rabbinical Association supported the principle that a man who takes responsibility for raising a Jewish child can pass Judaism on to the next generation as well as a woman. All children who receive a Jewish education are considered Jewish in Reconstructionist Judaism regardless of whatever is the sex of their Jewish parent.

Jewish Renewal

Jewish Renewal is a recent movement in Judaism which endeavors to reinvigorate modern Judaism with Kabbalistic, Hasidic, musical and meditative practices; it describes itself as "a worldwide, transdenominational movement grounded in Judaism’s prophetic and mystical traditions." [121] The Jewish Renewal movement ordains women as well as men as rabbis and cantors. Lynn Gottlieb became the first female rabbi in Jewish Renewal in 1981, and Avitall Gerstetter, who lives in Germany, became the first female cantor in Jewish Renewal (and the first female cantor in Germany) in 2002.[122] In 2009 and 2012 respectively, OHALAH (Association of Rabbis for Jewish Renewal) issued a board statement and a resolution supporting Women of the Wall.[123][124] The Statement of Principles of OHALAH states in part, "Our local communities will embody egalitarian and inclusive values, manifested in a variety of leadership and decision-making structures, ensuring that women and men are full and equal partners in every aspect of our communal Jewish life." [125] In 2014 OHALAH issued a Board Statement stating in part, "Therefore, be it resolved that: OHALAH supports the observance of Women's History Month, International Women’s Day, and Women's Equality Day; OHALAH condemns all types of sexism; OHALAH is committed to gender equality, now and in all generations to come; and OHALAH supports equal rights regardless of gender." [126] Also in 2014, ALEPH: Alliance for Jewish Renewal issued a statement stating, "ALEPH: Alliance for Jewish Renewal supports the observance of Women's History Month, International Women’s Day, and Women's Equality Day, condemns all types of sexism, is committed to gender equality, now and in all generations to come, and supports equal rights regardless of gender, in recognition and allegiance to the view that we are all equally created in the Divine Image." [127]

Humanistic Judaism

Humanistic Judaism is a movement in Judaism that offers a nontheistic alternative in contemporary Jewish life. It ordains both men and women as rabbis, and its first rabbi was a woman, Tamara Kolton, who was ordained in 1999.[128] Its first cantor was also a woman, Deborah Davis, ordained in 2001; however, Humanistic Judaism has since stopped ordaining cantors.[129] The Society for Humanistic Judaism issued a statement in 1996 stating in part, "we affirm that a woman has the moral right and should have the continuing legal right to decide whether or not to terminate a pregnancy in accordance with her own ethical standards. Because a decision to terminate a pregnancy carries serious, irreversible consequences, it is one to be made with great care and with keen awareness of the complex psychological, emotional, and ethical implications." They also issued a statement in 2011 condemning the then-recent passage of the “No Taxpayer Funding for Abortion Act” by the U.S. House of Representatives, which they called "a direct attack on a women’s right to choose".[130] In 2012, they issued a resolution opposing conscience clauses that allow religious-affiliated institutions to be exempt from generally applicable requirements mandating reproductive healthcare services to individuals or employees.[131] In 2013 they issued a resolution stating in part, "Therefore, be it resolved that: The Society for Humanistic Judaism wholeheartedly supports the observance of Women's Equality Day on August 26 to commemorate the anniversary of the passage of the Nineteenth Amendment to the U.S. Constitution allowing women to vote; The Society condemns gender discrimination in all its forms, including restriction of rights, limited access to education, violence, and subjugation; and The Society commits itself to maintain vigilance and speak out in the fight to bring gender equality to our generation and to the generations that follow." [132]

Women as soferim

A Sofer, Sopher, Sofer SeTaM, or Sofer ST"M (Heb: "scribe", סופר סת״ם) is a Jewish scribe who can transcribe Torah scrolls, tefillin and mezuzot, and other religious writings. (ST"M, סת״ם, is an abbreviation for Sefer Torahs, Tefillin, and Mezuzot. The plural of sofer is "soferim", סופרים.) Forming the basis for the discussion of women becoming soferim, Talmud Gittin 45b states: "Sifrei Torah, tefillin and mezuzot written by a heretic, a star-worshipper, a slave, a woman, a minor, a Cuthean, or an apostate Jew, are unfit for ritual use."[133] The rulings on Mezuzah and Tefillin are virtually undisputed among those who hold to the Talmudic Law. While Arba'ah Turim does not include women in its list of those ineligible to write Sifrei Torah, some see this as proof that women are permitted to write a Torah scroll.[134] However today, virtually all Orthodox (both Modern and Ultra) authorities contest the idea that a woman is permitted to write a Sefer Torah. Yet women are permitted to inscribe Ketubot (marriage contracts), STaM not intended for ritual use, and other writings of Sofrut beyond simple STaM. In 2003 Canadian Aviel Barclay became the world's first known traditionally trained female sofer.[135][136] In 2007 Jen Taylor Friedman, a British woman, became the first female sofer to scribe a Sefer Torah.[137] In 2010 the first Sefer Torah scribed by a group of women (six female sofers, who were from Brazil, Canada, Israel, and the United States) was completed;[138] this was known as the Women's Torah Project.[139]

From October 2010 until spring 2011, Julie Seltzer, one of the female sofers from the Women's Torah Project, scribed a Sefer Torah as part of an exhibition at the Contemporary Jewish Museum in San Francisco. This makes her the first American female sofer to scribe a Sefer Torah; Julie Seltzer was born in Philadelphia and is non-denominationally Jewish.[139][140][141][142] From spring 2011 until August 2012 she scribed another Sefer Torah, this time for the Reform congregation Beth Israel in San Diego.[143][144] Seltzer was taught mostly by Jen Taylor Friedman.[143] On September 22, 2013, Congregation Beth Elohim of New York dedicated a new Torah, which members of Beth Elohim said was the first Torah in New York City to be completed by a woman.[145] The Torah was scribed by Linda Coppleson.[146] As of 2014, there are an estimated 50 female sofers in the world.[147]

See also


References

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  72.  PDF (78.1 KB)
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  84.  PDF (161 KB)
  85.  PDF (3.17 MB)
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  102. One example in this video: http://www.youtube.com/watch?v=_oplgjEjts0 ,Darchei Noam Congregation, Toronto, Canada.
  103. Sandy Eisenberg Sasso, The Voices of Children, Co-editor with Siddur Kol HaNoar, Reconstructionist Press, 2005
  104. Sandy Eisenberg Sasso, Call Them Builders: A Resource Booklet about Jewish Attitudes and Practices on Birth and Family Life, Reconstructionist Federation of Congregations and Havurot (New York)
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  106. This is reflected in the prayer books that have been published by the Reconstructionist movement
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  109. See Rabbi Rebecca Alpert and Rabbi Toba Spitzer
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  124. Aleph Statement of Principles | OhalahOhalah
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  128. "Contributions of Jewish Women to Music and Women to Jewish Music". JMWC. Retrieved 2012-07-09.
  129. http://www.shj.org/NewsAbortionFunding.html
  130. http://www.shj.org/ConscienceClauses.html
  131. http://www.shj.org/WomensEqualityDay.html
  132. http://www.geniza.net/ritual/women.shtml
  133. Tur, Orah Hayyim 271.
  134. A Female Scribe’s Trailblazing Effort – Forward.com
  135. Simchat Torah with a Soferet's Torah | Jewish Women's Archive
  136. As New Year Dawns, Jewish Women Mark Milestones – Forward.com
  137. Women’s Torah dedicated in Seattle | Jewish Telegraphic Agency
  138. 139.0 139.1 Julie Seltzer, a female Torah scribe from San Francisco, contributed to the first Torah scroll to be written by a group of women. | j. the Jewish news weekly of Northern Calif...
  139. http://www.thecjm.org/index.php?option=com_ccevents&scope=prgm&task=detail&fid=8&oid=563
  140. http://www.nytimes.com/2009/11/08/arts/design/08sfculture.html
  141. CJM to celebrate end of groundbreaking Torah project | j. the Jewish news weekly of Northern California
  142. 143.0 143.1 Torah, she wrote | JPost | Israel News
  143. http://www.cbisd.org/news-and-stories/87-news-and-stories/1158-a-special-open-house-with-torah-scribe-julie-seltzer-observe-the-completion-of-our-torah
  144. Congregation Beth Elohim in Park Slope dedicates new Torah for 150th anniversary - News 12 Brooklyn
  145. http://torah.cbebk.org/about/our-soferet/
  146. http://www.pressherald.com/2014/08/23/female-jewish-scribe-helps-keep-tradition-alive/

External links

General

Publications

Particular issues

References

Middle Ages

Orthodox Judaism and women