WOMEN AND MARRIEGE (JUDAISM)

On the position of women in Judaism

Not created as a woman: a blessing
discriminatory for women?

Deborah, Judge and Prophetess of Israel.

One of the most remarkable woman in
Jewish history (1260-1221 B.C.E.)Queen
Esther (483-473 B.C.E.) pleading with King
Achasverosh to save her people from the
plans of the wicked Haman the Amalekite
to anihilate them
Ruth the Moabite, is regarded as a model
for Proselites who became Jewish for
altruistic motives. She is considered to be
the mother of the Davidic Kingship, as she
was the great-grandmother of King David
(1350-1290 B.C.E.).Yehudit (2nd century
B.C.E.), from the Hashmonean family, was
a courageous and clever woman, who in a
very sophisticated manner killed the
Greek general Holofernes who wanted to
seduce and sexually abuse her.
Feminism and Halacha

My late mother mrs. Rivka Daum– Koth

z.l.Who can find a woman of great skills?
Far beyond pearls is her value. (Proverbs
31:1)Rebbetzin Francine Simcha Daum-
Frenkel, Tlita Many daughters have
amassed accomplishments but you have
risen above them all. (Proverbs 31:29)
Preface

Having dealt in my work Halacha aktuell

with different topics of Halacha from the
point of view of Torah Faithful Judaism, I
also wanted to explore the position of
women in Judaism. Unfortunately, there
are many distortions and there is much
ignorance about this issue. For instance,
the Rabbis teach us that a man has to give
more respect and love to his wife than to
himself.

Also, one should be beware that in

Judaism it is the woman who determines
the religious status of the child and not
the father, like in most other cultures. Our
Rabbis offer different explanations for this,
but the most obvious one is very apparent.
A mother carries a baby as part of her
body for nine months and the child feels
most closely attached to his/her mother.
Moreover, in a certain way a woman takes
on the role of being a creator, similar to
Hashem, in giving life to her child.
In no way is the woman discriminated
against in Judaism. On the contrary, in
many respects she is privileged. The
Rabbis gave a great deal of consideration
to women and highly valued their role in
educating the future generations and in
safeguarding the continuity of our People.

For our Sages women and men are equal.

However, they do have a different role.
The Rabbis addressed women as Akeret
Habayit, the principal of the house,
entrusting the harmony of family life to
her. She is also given the responsibility for
the upbringing of the children in their
most formative years. The exemption of
women from time related Mitzvoth is in
no way to be regarded as discrimination
or as a put down of women, but as
appreciation for the important task of the
woman as mother and companion and as
the foundation of every family. Till recent
times, and even today, among Torah
commited Jews, the phenomenon of
divorce was and is almost unknown. The
statistics of our general society now show,
that every second child comes from a
divorced family, in contrast to most
religiously practicing Jewish families,
where this is certainly not the case. One
might ask critically why this negative trend
in our society threatens the institution of
the traditional family. My personal
assessment is that modern women are
neglecting their traditional role as
mothers, by putting their careers above
motherhood.

If we look critically at recent

developments in Judaism, of the women's
liberation movement, or among
conservative, liberal and reform Judaism,
where there is no distinction between
men and women, we can well understand
the breakdown of the traditional family.
By features like women wearing Tallit and
Tefillin, female rabbis, granting marriage
to members of the same sex, one does not
have to be astonished that in non Torah
Faithful Jewish society we face the
bankruptcy of the traditional family. The
same goes for our general society.

One might of course have a different view

of matters, but as I wrote in my essays, we
religious Torah Faithful Jews and Jewesses
do not in any way feel treated in a second
class manner by our traditional role in the
Jewish family. I know quite a few Modern-
Orthodox women who are professionals
and who are dedicated mothers, without
in any way neglecting their motherhood
role or their role as companion.

This series of three essays has been

written in dedication to two very special
women: my late mother, mrs. Rivka Daum
-Koth z.l. (1927-2009 C.E.) and my wife,
Rebbetzin Francine Simcha Daum-Frenkel,
Tlita. I was born into a family of boys and
unfortunately have no sisters. In our
family my mother was the most dominant
presence. She was a survivor of the Shoah
and was the only member of her large
family who survived. Despite her terrible
experiences during the Shoah, she
remained faithful to Torah and had the
courage to build a family in a religiously
traditional way, like a phoenix rising from
the ashes. She was the one who safely
lead our family, resolute and strict.
Throughout her married life she longed
for a daughter and missed the closeness of
such a relationship.
My wife and I have been privileged to
have a family of three daughters. In a way
I share this with Rashi (1040-1105 C.E.),
who had three famous daughters.
Throughout our long marriage my wife has
been and is my companion, supporting me
during all the phases of life, in the
Rabbinate and as an educator and mentor
of many who became Jewish or who are
on their way to becoming Jewish. Her
kindness, grace and many other lovely
features are appreciated by everyone who
encounters her. It is my deep wish to
express here my gratitude to Hashem for
granting me such an Eshet Chayil who is a
true Ezer (helpmate) for me and for our
family. The essays are in praise of her
unselfish dedication and commitment to
keeping our family flourishing. May
Hashem grant us freshness of mind, health,
vitality and much Nachas (joy) from our
children and grandchildren. Ad Mea
VeEsrim!

Truely Shlomo Hamelech (the wisest of

men, King Solomon) expressed his
appreciation of a man who has the “ Mazal”
of finding a “
Besherte”, (appropriate) wife:
Matsa Isha, Matsa Tov! (Mishleh 18:22).
(He who finds a wife has found happiness
and has won the favor of Hashem -
Proverbs 18:22).
With everlasting love, written by the son
and husband, “ Ari”(Ahron) Daum

On the position of women in Judaism

The leading role of the Jewish woman is

already underscored in Proverbs (of King
Solomon), the Biblical book of wisdom:
The wisdom of women builds her house[i]
The word wisdom is written in the plural
in the Hebrew text, to show the many
varied influences of a woman of
understanding. The female assets of
feeling, sensing and fashioning give the
Jewish house its character, so that it can
develop into a home of mildness,
friendship and gentleness.
The Talmud advises the husband[ii] “ One
should always be concerned for the
honour of his wife, because the blessing of
the house of the husband is only due to
his wife.”
This was also meant by the Amora (a
Talmudic Sage from the period 200-500
B.C.) Rabba, when he told the people of
the Babylonian city of Machusa: “ Honor
your wives, so that you will become “ rich”.”
Wealth”is here also understood in its
spiritual sense, in the sense of wisdom,
which the woman brings to the house. It is
to her to look after the poor, invite guests
and to cultivate a mentally stimulating
atmosphere. She must see to it that the
husband does not flounder in everyday
professional life and that everything is of
course done with the wisdom to which
such a high level of esteem obliges.The
Talmud further states:[iii] “
Rabbi Tanchum
says in name of Rabbi Chanilai: “the one
who has no wife, lives without joy,
without blessing and without goodness” .”

The Rabbis teach us: “He who loves his

wife as himself and honors and respects
her more than himself, who leads his sons
and his daughters on the right path and
who weds them when they are near
maturity, about him Holy Scripture says:
“And you will know that peace remains in
”(Yiov/Job 5:24).
your tent”

Left: an artistic modern “Kethuba”from

the 20th century. Right: an ancient “
Kethuba”dating back to the 17th century.
A“ Kethuba”is a marriage contract which
protects the rights of the wife and
guarantees her financial security in case
her husband dies or when she gets
divorced (and she is not to blame for the
divorce).

Rabbi Elazar says:

“He who has no wife, is an incomplete
human being, because it is stated: “
Male
and female He created them …and He
called their name Adam” .”
(Bereishith/Genesis 5:2-3)
In general Jewish women enjoyed a
greater measure of affection, prestige and
respect than their female couterparts in
other cultures. The husband is always
commanded “ to love his wife like himself
and above that to honor her more than
himself”.

This esteem was based not least on the

spiritual and psychological abilities of the
woman.
“G-d gave the woman a bigger spectrum
of understanding than the man” [iv] our
Sages observed and from this approve a
husband listening to the advice of his wife.
On this esteem for the woman, the
strength of the Jewish home grew during
Antiquity, during the Middle Ages and in
modern times up to the present day. Thus
the realization of the priceless virtues of
the woman formed the foundation of
Jewish family life.

In the previous sections the high regard

for women in Judaism was illuminated. In
the following sections it is applied, to
investigate how and in which measure the
esteem for women also had an impact on
their legal status. In our considerations we
should not apply the measure of the
economic, social and political conditions
of our modern age, but we must
constantly keep in mind the historical
conditions, which underlie many halachic
decisions.

If one wishes to appreciate the position of

the woman in Talmudic-rabinnical law,
one should first of all take into account,
that the law is based on the brief Torah
provisions and details, providing for a
people still at the beginning of its
development, engaged in agriculture.
When the rabinnical teachers of the law
were later confronted with the task of
regulating the legal relations between the
people under completely different
circumstances, they considered the
provisions contained in the Torah to be a
legal framework, whose deeper meaning
and purpose they tried to discover.

Artistic representations of “Shir HaShirim”

,
the Song of Songs, which, according to our
Sages, is about the eternal love between
Hashem and His chosen People Israel.

For this they used traditional and more

advanced methods of interpretation in
their efforts to harmonize the respective
necessities of life with the wording of
Biblical law.
During this process the legal status of
women was decisively changed in their
favour in some areas. Moral
considerations and deeply rooted
responsibility for righteous behavior
brought about these changes –the Ethics
of the Torah always served as the
foundation.

Already from the story of Creation it can

be inferred that it would contradict
Biblical ethics, to declare the woman to be
legally second-rate.

Both Adam and his wife Chava/Eve were

created in the reflection of the Eternal.
They belong together and count as a unit.
The source for the relations between man
and woman is thus a coexistence, which
takes place on an equal footing.

Although the Talmudists according to the

practice of the time denote the husband
as the master of the house, they equally
applied the principle, which was already
told by the Eternal to Avraham: “... in all
that she –Sarah –tells you, heed her
voice”(Bereishith/Genesis 21:12) –this in
contrast to other cultures.

Our Sages always sought to protect

women, as the physically and
economically weaker half, against
arbitrary treatment.
The divorce laws are a good indication of
this. Originally the husband could have
himself divorced from his wife even
against her will[v]. This early halachic
decision however soon encountered
moral reservations, because it would have
undermined family life and completely
humiliated the woman.

It has been a halachic masterpiece by our

Sages and to the merit of Rabbenu
Gershon ben Yehuda from Mainz (960-
1040 C.E.), known with the hononary title
“Me'or HaGola”(Light of the Exile), to step
by step impede the right to divorce which
was unilaterally favourable to the man, to
the point where a divorce without the
consent of the woman became practically
impossible. This happened without
violating the requirements of Halachah.

It went even further. Although up to the

present time it is not possible for the
woman to divorce her husband, our Sages
found ways and means for a woman who
finds herself in an unreasonable
relationship, to force the man to divorce
her[vi].

Two images of “ Bircat HaBayit”

, the
blessing of the house. According to the
Talmud, the blessing of the house is in
merit of the lady of the house and
therefore the “ Bircat HaBayit”should be a
reminder to us men to be kind to our
wives and to treat them decently.

Likewise, another important Takkanah

(Rabbinic decree), goes back to Rabbenu
Gershon “ Me'or HaGola” , in that he
pushed through the prohibition on bigamy
among Ashkenasi Jews under the threat of
banishment from the community[vii].

It is crucial to determine, that changes in

the legal position of women were at all
times possible and remain so up to the
present day.
In the following passages some examples
from Talmudic and early-rabbinic
literature will be given, which confirm this
development.
In a certain passage in the Mishnah we
can clearly detect the special high regard
and consideration of our Rabbis for
women. It states: “ When someone dies
and leaves behind sons and daughters: if
the inheritance is large, the sons inherit,
but the daughters are granted
maintenance; however, if the inheritance
is small, one grants the daughters
maintenance, but the sons get the rest of
the estate and when it is necessary, they
can beg[viii].”
It further states in another passage of the
Mishnah: “ The woman has priority over
the man in acquiring the necessary clothes
as well as in liberation from captivity.”
[ix]

Rabbi Jacob ben Asher from Toledo (1269-

1343 C.E.), author of the halachic Code “
Tur” , writes concerning the duties, which
are laid down in the “ Ketuba”(marriage
certificate) and which the husband must
fulfill for his wife:
“The husband has the following ten duties
to perform for his wife. These duties
encompass all areas of everyday life.
Three of these have been stated in the
Torah and the other seven have been
decreed by our Rabbis.” [x]
From these examples it emerges that,
with all the modifications and preferences
in favour of the woman, Halachah is not
found to be an obstacle or a burden, but
always remains a signpost.

I would like at this point to express my

reverence and deep respect for the Torah
Sages of this and of past centuries. I think
especially of the vision and foresight of
Rabbi Yisrael Me'ir Ha'Cohen (1838-1933
C.E.), known as the Chafetz Chaim and of
Rabbi Ahron Roke'ach (1880-1957 C.E.),
the legendary Belzer Rabbe, who
strengthened Sarah Schenirer (1883-1938
C.E.) in her project, to start the first big,
religious, Jewish educational network of
Beth Yaacov schools for girls and Beth
Yaacov seminaries for women in Eastern-
Europe. Rabbi Yitzchak Elchanan Spektor
from Kovno (1817-1896 C.E.) tirelessly
devoted his time and energy to the holy
task of releasing women, whose husbands
were missing –in the terminology of
Halachah known as Agunah –from their
marital status and thereby making it
possible for them to marry again. Rabbi
Yechiel Yacob Weinberg (1885-1966 C.E.)
in his work of Responsa “Sride Esh”
underscores again and again the esteem
for women, which forms an integral part
of Jewish ethics and morals. The deceased
Sephardic Chief Rabbi of Israel, Rabbi Ben-
Zion Chai Usiel (1880-1953 C.E.),
vehemently pleaded for the active
participation of women in the
development of the modern state of Israel.

“Eshet Chayil”,“ The capable and

industrious wife (and mother)”is praised
in chapter 31 of Mishlei (Proverbs) and is
written in the order of the Aleph Beth. It is
sung by the husband and children at the
beginning of Shabbat on Friday evenings
to honour and thank the queen of the
house, the wife and mother.

We can see a truly rabbinical answer to

the contemporary position of women in
Halachah from the comments of these
previously mentioned great men of the
Torah.

The age old task of being a wife and

mother has never changed. The biblical
song on the “ Eshet Chayil”–the woman of
accomplishment/valour [xi] praises the
woman who cooperates. It is a
contemporary song, for which reason
every Friday evening, the father of the
house, before partaking of the Shabbat
meal, should recite it according to an
ancient custom, so that all present hear
his thanks for the work of the wife and
mother, during the week and now for the
comfortable Shabbat atmosphere.
The end of this song of praise emphasizes
the imperishable Jewish ideal for women:
“Arise do her children and praise her, her
husband, and he lauds her:
many daughters have amassed
accomplishment, but you have risen
above them all.
False is grace, and vain is beauty,
a woman who fears HaShem –she should
be praised.
Give her the fruits of her hands
and let her be praised in the gates by her
very own deeds” [xii].
The influential position of Jewish women
is illuminated by the Talmud[xiii]: “
Greater
is the assurance that the Eternal, blessed
be He, gave to women, than that given to
men. What has made women so deserving?
By bringing their children to the house of
prayer, and having them taught there, and
letting their husbands learn in the Beth
HaMidrash –house of learning/study – ,
and waiting for them, untill they return.”

In the Song of the Songs, King Solomon

compares the People of Israel to a flower
which gives off an excellent scent, but
which like a rose has thorns to protect
itself against anyone wanting to cut or
damage it. Similarly, the Almighty protects
His People Israel and therefore on Purim
we sing the famous song, “ Shoshanat
Ya'acov” , the Rose of Jacob.

While the husband goes in search of a

living, the wife sees to the education of
the children, and her primary task consists
of establishing the Jewish identity of her
children. The Jewish wife could never live
for the day, as she has to guarantee and
guide the most precious part of the Jewish
future.
Her task remains to fill the house with a
Jewish atmosphere, as she causes the
husband to take part in the religious life of
the congregation and community.
The Talmud states, that Israel was
redeemed from Egypt for the sake of the
pious women[xiv].
In the days of distress, the Jewish house,
run by the women, formed a solid castle in
which no stranger was able to enter; here
tenderness, intimacy, sincerity and piety
ruled, and that which the wife and mother
said, was significant to the husband and
holy to the sons and daughters.

The tireless goodness of the Jewish

women has always contributed rich
blessings.
The men mainly took care of the
intellectual and spiritual education of the
Jewish home, while women primarily
looked after the wisdom of the heart.

Everyone, who has seen a baby, knows,

that the mother simply means the whole
world to it. The mother is for the child that
initial affirmation, that fountain of
affection and security, which later also
emanate from other parts of reality.
All self-affirmation, that one needs to
mature and develop, starts from the inner
light of the mother-child relationship.
This is also what the Torah means to
convey, when it calles Chava (Eve), the
first woman, the mother of all life[xv], and
Judaism confirms the priceless value of
the woman as a mother also within the
religious-legal framework. It is only the
mother and not the father, through whom
the children are counted as belonging to
the Jewish People and Faith[xvi].

As a wife and a mother, the Jewess in our

days also has, as from time immemorial,
the task of actively taking part in the life of
the congregation and community, for
which the good education, which she
generally enjoys these days, offers
valuable assistance.
The duties towards the community are
even more strongly pronounced in these
modern times than in earlier centuries.
The perseverance and fortitude of the
Jewish woman as wife and mother during
the long, dark and painfilled days of the
Diaspora and Exile, during the times of
flight, during the pionering days in the
Holy Land and under the continuing threat
to the State of Israel, have given rise to a
new song of praise to the Jewish woman.
During the entire history of our People the
words from the Biblical book of wisdom
Proverbs has turned out to be true –
which could also to some extent have
served as the leading principle of our
discourse:
A house and property are bequeathed by
the fathers, but G-d/HaShem bestows an
efficient and insightful wife[xvii].
A house and property one has inherited
from the fathers or they were the fruit of
ones own efforts; but the sensible woman
determined by G-d, brings peace, success
and blessing to the family[xviii].

Overview of sources from Halacha aktuell :

Jüdische Religionsgesetze und Bräuche im
modernen Alltag. HAAG + HERCHEN ISBN:
3-89228-672-8, Band 2: Zur Stellung der
Frau im Judentum pp. 599-607.
1

[i] Proverbs 14:1

[ii] Talmud Bavli/Babylonian

Talmud, Baba Mezia 59a

[iii] Talmud Bavli/Babylonian

Talmud, Yebamoth 62b

[iv] Talmud Bavli/Babylonian

Talmud, Niddah 45b

[v] Mishnah Gittin, 9:10

[vi] Mishnah Kethubot, 7:9-10

[vii] Avraham Grossman: The Early

Sages of Ashkenaz, Their Lives, Leadership
and Works (900-1096), Magnes Press,
Hewbrew University, Jerusalem, 1988, see
especially chapter 3: Rabbenu Gershon
Me'or Ha'Gola, p. 106-175.
Also Encyclopedia Talmudit, vol.
XVII, section Cherem de Rabbenu
Gerschon, p. 378-454.

[viii] Mishnah, Baba Batra 9:1

[ix] Mishnah, Horayot 3:7

[x] Tur Even Ha'Ezer, Hilchot
Ketubot, Siman 69

[xi] Proverbs 31:10-31

[xii] Proverbs 31:28-31

[xiii] Talmud Bavli/Babylonian

Talmud, Berachot 17a

[xiv] Talmud Bavli/Babylonian

Talmud, Sotah 11b

[xv]
 Bereishith/Genesis 3:20

[xvi] Devarim/Deutronomy 7:4, cf.

ibid Rashi, Esther 10:2-3, Talmud
Bavli/Babylonian Talmud, Yebamoth 17a
and 23a, Talmud Bavli/Babylonian Talmud,
Kiddushin 66b and 68b, Mishneh Torah,
Hilchot Iussure Bi'ah 12:7 and 15:3-4,
Shulchan Aruch, Even Ha'Ezer 4:19 and 8:5

[xvii] Proverbs 19:14

[xviii] Some parts of this essay are

based on the book: Gesinnung und Tat,
Berichte aus jüdischer Sicht, by L.
Rotschild, Verlag Huber & Co. AG,
Frauenfeld 1969, especially the chapter:
Ein Lob für unsere Mütter, pp. 224-235.

Colophon:
Author: Prof. Rabbi Ahron Daum, B.
A., M.S. Emeritus Chief Rabbi of Frankfurt
am Main (1992 C.E.)
Translation from German into
English: Margreet Westbroek, the
Netherlands

Photo’ s and special effects: Angelo

Malachi Prins, Antwerp, Belgium

Webmaster and designer: Yitzchak

Berger, son-in-law of Rav Ahron Daum,
Shlita, Antwerp/Belgium

“Not created as a woman” :a

blessing discriminatory for women?

During the daily blessings of

Shacharit, the morning prayer, we say:

Blessd art Thou, Eternal, our G-d,

King of the World, Who did not make me a
woman. Many women have the feeling,
that this praise means a disparagement of
women. Does this blessing indeed imply a
discrimination of women?
Some interpreters of the liturgy explain
the reason for this blessing as follows: a
man is grateful for the fact that he does
not have to bear the pains of giving birth
or the pains of the monthly period [19].

The main reason is however explained in

the Talmud and from this we can see, that
it does not concern a derogatory
pronouncement or blessing against
women.

The Talmud explains [20]: Greater is the

reward for the one commanded to do
Mitzvoth and good deeds, than for those
who do them of their own free will,
without being commanded.

The Tosafists (during the 12th and 13th

centuries C.E.), commentators on the
Talmud, explain this statement from the
Talmud as follows [21]: someone who has
been commanded by G-d to do something,
constantly worries to carry out the
command, as he subordinates his own will
to the Will of his Maker. When a human
acts out of obedience to G-d, his/her
reward is greater, as he/she lets the will of
G-d reign, in contrast to the one, who
performs a Mitzvah of his/her own free
will, and thus lets his/her own will reign.
 Golda Meir (1898-1978 C.E.), the
first ambassador to the Soviet Union of
the State of Israel, visiting the synagogue
of Moscow (in 1949 C.E.), surrounded by
Soviet Jews who came to visit the
synagogue in honour of her. They where
not intimidated by the KGB.

Man and woman are equal and of

the same worth in Judaism and both stand
equally before G-d. The difference
concerns the performance of the Mitzvoth,
commandments. Here the man has been
awarded more Mitzvoth than the woman,
who, due to lack of time because of
domestic and family duties, was not
capable of performing so many Mitzvoth.

Our Sages have exempted women

from all commandments which are time
related.

Exactly this consideration clearly

demonstrates the esteem for women in
Judaism.

The man however does not

consider fulfilling the many Mitzvoth as a
burden or heavy load, but as a heavenly
gift, for which he utters his gratitude in
the blessing.

The same can be argued for the

blessing, which a woman recites during
the blessings of praise of the morning
prayer: …. “Who hast created me
according to His will”. This formulation is
also not to be seen as a deprecation of the
woman.The Talmud declares [22] , that at
the beginning of the creation of man G-d
thought to create two beings, a man and a
woman, both inseperably bound to each
other; only later did He create man alone
and from him did He create woman.
This is the reason for the woman thanking
G-d, that He created her as a being per se,
and not as a part of the man [23].

Another reason is given in the Talmud

Tractate Sanhedrin [24], namely that G-d
consulted with the angels before creating
man. When they advised him not to
create man, G-d ignored them. The same
happened with a second and a third group
of angels.

However, when G-d was about to create

woman, He consulted no one, because G-
d knew the good characteristics and
qualities of the woman. For this women
thank G-d, that He fulfilled His own Will,
without consulting others [25].

The blessing in our morning prayers: “ not

being created as a woman” , saved many
Jewish lives in the past, when persecutors
and haters of Jews tried to slander Jews
for the daily blessing in the morning
prayers: “not being created a Nochri (Goy)”
- non-Jew.

It has always been noted, that this

blessing neither entailed any sort of
hatred or denigration of the peoples of
the world, and the proof of this is, that
Jews use a similar expression for women,
our wives and daughters, whom we love.
 Golda Meir, Israeli Foreign
Minister, visiting President John F.
Kennedy (1963 C.E.). Golda Meir has been
the only female Prime Minister of Israel up
-to-date. During the years 1969 - 1974 C.E.
she was Prime Minister and was known as
a vigorous and strong leader. Cynics used
to say that she was the only man in the
cabinet of Israel. Unfortunately after the
Yom Kippur war (1973 C.E.) she had to
resign and was full of remorse for not
listentening to the generals, and not
starting the war first, thus avoiding heavy
losses. She herself never recognised the
Palestinians as a people and often
referred to the fact, that there are many
Arab countries around Israel that should
absorb their “brothers and sisters” .

Overview of sources, from Halacha aktuell :

Jüdische Religionsgesetze und Bräuche im
modernen Alltag. HAAG + HERCHEN ISBN:
3-89228-672-8, Band 1: “Nicht als Frau
erschaffen worden zu sein“
Diskriminierender Segensspruch fûr
Frauen?
 19) Siddur Jessode Jeschurun,
published by Rabbi Gedalja Felder,
Toronto, Canada

20) Talmud Bavli/Babylonian

Talmud, Avodah Zarah 3a
Talmud Bavli/Babylonian Talmud,
Baba Kama 38a
Talmud Bavli/Babylonian Talmud,
Kiddushin 31a

21) Tossafot on Talmud

Bavli/Babylonian Talmud, Avodah Zarah
3a
 22) Talmud Bavli/Babylonian
Talmud, Berachot 61a

23) Talmud Bavli/Babylonian

Talmud, Eruvin 18a
Magid Ta'alumah to Talmud
Bavli/Babylonian Talmud, Berachot 61a
Ta'ame Ha'minhagim, p. 22,
paragraph 35

24) Talmud Bavli/Babylonian

Talmud, Sanhedrin 38b

25) Jeschuot Jacob, Orach

Chayim, Siman 46, paragraph 5
 Colophon:

Author: Prof. Rabbi Ahron Daum, B.A., M.S.

Emeritus Chief Rabbi of Frankfurt am Main
(1992 C.E.)

Translation from German into English:

Margreet Westbroek, the Netherlands

Photo’
s and special effects: Angelo
Malachi Prins, Antwerp, Belgium

Webmaster and designer: Yitzchak Berger,

son-in-law of Rav Ahron Daum, Shlita,
Antwerp/Belgium
 Feminism and Halachah

A custom dating from Talmudic

times calls upon those present at a ‘Brit
Millah’ to, immediately after the
circumcision, recite the prayer, ‘
Just as he
(the infant) entered the Covenant, so may
he enter into Torah, Chuppah (the
wedding canopy) and ‘ Ma’ asim Tovim’
(good deeds)'.

However, in the prayer recited at

the naming of a baby girl, the word Torah
is invariably omitted. It is told that a pious
father in the Middle Ages inscribed the
following prayer at the birth of his
daugher, ‘May she sew, spin, weave, and
be brought up to a life of good deeds.’

My revered teacher, HaRav

HaGaon Dr. J.B. Soloveitchik (1903-1993
C.E.) (on the left) delivering a lecture in
Rabbinics (Mishnah and Talmud) at the
Stern College for Women of Yeshiva
University in New York.
 The omission of Torah in the
prayer for a girl is a consequence of the
opinion of the Mishnah Sage Rabbi Eliezer
b. Hyrcanus, that ‘ He who teaches his
daughter Torah is as if he teaches her
lewdness.’ This again is a reflection of his
opinion that ‘ A woman’ s wisdom is only in
the spindle.’ For centuries traditional
Jewry followed this opinion and made no
provision for the formal education of girls.
Everything they knew of Jewish ritual and
observance, they learned from the
practice of their parents and the customs
of the community in which they lived.
 Teaching Rabbinics at the
Michlalah l’
Banot, Jerusalem College for
Women, where all subjects of Judaism,
including Halachah and Oral Law, are
taught.

In the early 20th century, when

secular public education became
widespread and Jewish girls were sent to
public schools, religious leaders began to
question the traditional practice of not
giving a formal Jewish education to girls. It
was quite paradoxical, they argued, for
girls to receive a secular but not a religious
education, as this phenomenon could
undermine their faith and commitment to
Jewish observance.

No less a strict Halachist than

Rabbi Yisrael Meir haKohen of Radin (1838
-1933 C.E.), the ‘
Chofetz Chaim’ , conceded
that R. Eliezer’
s opinion was tenable only
in previous ages, when children would not
question the practices of their elders.

Nowadays, he contended, when

non-Orthodoxy is rampant, if girls are not
taught the fundamentals of Judaism and
its moral imperatives, their defection from
tradition would be an imminent possibility.
Thus the needs of the hour demanded the
establishment of Jewish schools for girls.
This demand was first met in Poland with
the founding of the network of ‘ Beit
Yaakov’ schools, and this was soon
adopted in other Jewish communities
throughout the world. Thus when the ‘
MiSheberach’ for the birth of a daughter is
now recited in many synagogues, one can
hear Torah as well as ‘ Chuppah’ included
in the blessing for a Jewish girl’
s future.

Nechama Leibowitz (1905-1997 C.E.), the

famous Israeli lecturer on Chumash and
Tenach at a very high level, for both men
and women. She published her works
under the name 'Parashat Hashavua': ‘
Iyunim’, (literally translatable as: The
weekly Parasha, deep insights). Her books
were translated into many European
languages.

Though halachic scholars were

ready to sanction instruction for girls, they
confined the studies to the ‘Written Law’
(Tenach), the ‘Chumash’ and the ‘Mitzvoth’
which women are obliged to observe; thus
ruling out the study of the ‘Oral Law’ , such
as ‘Mishnah’ and ‘Talmud’ .

However, as girls began to taste

the fruits of knowledge, and especially as
the teachers required for the girl’s schools
–invariably women –had to have broader
knowledge than just ‘ Chumash’ and ‘ Kitzur
Shulchan Aruch’ (Abbreviated Codex of
Jewish Law), the scope of instruction for
girls became broader and deeper, until
the number of Orthodox women studying
Talmud and Jewish Philosophy in addition
to the Sciences and Liberal Arts increased
considerably.

Coincident with this increase in

Jewishly knowledgable women, the
general Feminist movement of recent
times arose, with its strident demands for
‘the equality of the sexes.’ Orthodox
women, no longer confined within the
walls of a cultural ghetto, could not fail to
be influenced by this movement.

Having gained access to basic

Jewish sources, they noticed some of the
inequalities imbedded in Jewish Law
which convey a sense of female inferiority.
They also began to feel more keenly their
exclusion from some of the religious
observances which Halachah imposes
upon men exclusively.

Among the issues raised by

Orthodox feminists are the Halachic
restrictions against abortion for economic
and social reasons, the ruling that only
men are empowered to issue a ‘ Get’and
the exemption of women from certain ‘
Mitzvoth’ , such as ‘
Tefillin’
. Most recently
the dominant issue was the
disqualification of women to constitue a
‘Minyan’ , which means that women are
barred from conducting regular
congregational prayers (‘ Tefillah b’
Tzibbur’
)
among themselves.

Rebbetzin Batsheva Kanievsky

(1932-2011 C.E.), daughter of the great
Halachic authority HaRav HaGaon Yosef
Shalom Elyashiv (1910-2012 C.E.) and wife
of one of the greatest Halachic and
Talmudic authorities nowadays, HaRav
HaGaon Chaim Kanievsky (1928 C.E.). She
was known for her outreach-work and was
consulted by many women for advice and
blessings.

The response to these demands

from contemporary Halachists –some ‘
Modern Orthodox’ among them –has
been negative, and often unsympathetic.
Basically they assert that the ‘
Oral Law’
(i.e.
Halachah) is ‘Min ha’ Shamayim’ (‘
from
Heaven’ = meaning that the Torah is from
G-d), and thus impervious to subjective
emotional considerations.

Thus the late Rabbi Moshe

Feinstein (1895-1986 C.E.), responding to
a query concerning Orthodox Jewish
feminists, stated: ‘At the outset, one has
to know that a principle of our pure faith
is that the entire Torah, both written and
oral, was given by G-d Himself on Mt. Sinai
through Moshe Rabbenu, and it is
impossible to change even one iota (‘ kotz’
).
’He qualifies this by adding that the
Sanhedrin and Torah scholars have the
duty to institute new regulations (‘
Takkanot’ ) and add prohibitions as hedges
against possible violations of Torah laws.
 The American Orthodox Rebbetzin
Esther Jungreis (1938 C.E.), who has great
charisma and is an excellent speaker and
writer and who can capture the attention
of the listeners for hours. She is the
founder of the ‘ Baalei Teshuva’ movement
‘Hineni', which is the oldest and most
famous movement of this kind in America.

He explains the Torah’

s exemption
of women from certain ‘ Mitzvoth’ as based
on the principle that they are by nature
occupied with the rearing of children. He
reiterates that even though social and
economic circumstances may have
changed ‘ there exists no power to change
anything, even if the whole world may
agree to do so; and these women (i.e.
feminists) who stubbornly fight for change
are deniers of the Torah (‘ Kofrot’).’He
does concede that women may accept
upon themselves ‘ Mitzvoth’ which they
are not obligated to perform by the Torah
–putting on ‘ Tefillin’excepted –but this is
so only if they want to observe them as ‘
Mitzvoth’ and not in order to impugn the
Torah, an intention which he attributes to
the Orthodox feminists.
 Additionally, a long array of
authorities are cited who denounce any
attempt to deviate from established
custom. Some responses have even
impugned the sincerity of these feminists,
pointing at the general movement which
purportedly is a movement for greater
sexual license.

Sarah Schenirer (1883-1935 C.E.)

founder of the first Beth Yaakov School
and Seminary for girls and women in
Krakow, Poland. This prototype of school
later spread throughout the worldwide
religious Jewish community. There are
now literally hundreds Beth Yaakov
schools worldwide. She was supported in
her efforts by all the pre-Shoah Orthodox
Rabbinic Luminaries.

The demand which has received

extensive treatment and which however
Halachists have found impossible to
satisfy, is the inequality in the Jewish
divorce process.
 Rabbenu Gershon (960-1040 C.E.)
had reduced this inequality somewhat by
instituting that a woman cannot be
divorced against her will, but the law still
requires the free consent of the husband,
and as long as he witholds it his wife
remains his wife halachically with all its
ramifications, even though the couple are
living apart and have been divorced by the
civil courts.

Numerous proposals have been

suggested to remedy this situation, about
which women have been clamoring more
and more.

Most of these proposals are based

upon some pre-nuptial contractual
obligation which would penalize the
recalcitrant party when the giving of a ‘
Get’
is ordered by the Rabbinical Court.

However, Halachic authorities

have found one flaw or another in such
arrangements, and to-date no proposal
has been accepted by the religious
authorities.
 Even in Israel, where the Rabbinic
Courts are empowered to impose various
pressures upon the party concerned, even
to the extent of imprisonment, ‘ Dayanim’
(the Rabbinic Judges) are reluctant to
impose them.

Rebbetzin Chaya Mushka

Schneerson (1901-1988 C.E.), daughter of
the Voriger Lubavitcher Rebbe, Rabbi
Yosef Yitzchak Schneersohn (1880-1950
C.E.) and wife of the last Lubavitcher
Rebbe, Rabbi Menachem Mendel
Schneersohn (1902-1994 C.E.). She had an
enormous influence on her husband.
Unfortunately their marriage was not
blessed with children, which is why the
Chabad dynasty now has no Rebbe or
spiritual leader.

There is one radical solution which

has a precedent in a Talmudic ruling: the
annulment of the marriage by a Rabbinic
Court, declaring that the marriage
ceremony was invalid ‘ ab initio’
. This was a
case where a man compelled a woman to
accept his proposal of marriage by
threatening. ‘He acted improperly,
therefore the Rabbis dealt with him
improperly'; i.e. by invalidating his
marriage, though not stricly according to
the law. Already in the Middle Ages, the ‘
Rishonim’ (the great early Halachic
authorities of the Middle Ages), were
reluctant to exercise such authority. How
much more so are the ‘ Achronim’ (great
Halachic authorities of the new

Static.................................