1. There is still a huge problem of Agunot, women who cannot remarry because their husbands refuse to give them a document of divorce. This is not (only) a Feminist issue. This is an intolerable problem that needs to be dealt with. To paraphrase one of the speakers at the opening session: "If I can't rely on a particular Rabbi to act on this issue, why would I go to him ask a question about the Kashrut of a chicken?"
2. The absence of women's participation in the Halachic process has led to generations of precedent that doesn't take their perspective into account. Women (and all people) must be treated as subjects rather than objects. (Don't be confused by the idea of a king's "subjects." Remember, the Subject of a sentence acts upon the Object.) Halachic decisors must recognize that they are dealing with individual human being with personal interests, goals, and feelings.
2a. If we accept the conclusion that Halacha as we know it contains a male bias, how do we go about critiquing and amending it? We can attempt to work within the system, using traditional categories and methodologies. The problem is that this can only get us so far. From inside the system, there are some questions that can't even be asked, because they don't fit into the frames that are already in use. As one person put it "You can't disassemble Master's house with Master's tools." I understood what she meant by that. Agreeing to play the game constrains you within preset, biased parameters. You need new tools, new methodology, new ways of expressing your ideas, in order to break down the status quo.
After a moment, though, I realized that our goal isn't to tear down one structure and build another. I don't want to sever our connection to our past. I don't want to overthrow the masters; I want to become one of them, building the structure of Halacha with them. Maybe we will use some new tools, but we will also use the old tools. Renovating and expanding the palace of Torah, not destroying it.
2b. Every discussion seemed to end with the conclusion that we need (more) learned women to become involved in the Halachic process. The need is very clear. As someone who studies Gemara and Halacha full-time, I thought: Are they talking about me? Should I be one of those women who steps up? That was part of my motivation for joining the Program. I do want to have a voice in the Halachic process. Now that I'm in the Program, though, I'm remembering the saying that the more you learn, the more you realize you need to learn. Being a real Halachic authority takes so much knowledge, and is such a huge responsibility. To do it well would take a level of commitment, dedication, and focus regarding traditional learning that I don't know if I have. Getting back to the the issue above (2a), how much must you buy into the system and play by the rules in order to have a voice? Aside from that, I'm not sure that I have the personality to trail-blaze and advocate for myself in unchartered territory.
For something I really believe in, I can't sit back and assume other people will take care of it. How could I participate indirectly? I could support women Halachic authorities in other ways. Placing them in jobs in my community and others. Teaching the next generation of female Torah scholars, children who will grow up with the live possibility of following a Rabbinic sort of career path. The revolution in Torah education for women will be followed by a revolution in who our Halachic authorities are, and what they bring to the table. However I participate in it, I'm looking forward to a richer, more inclusive Orthodox Judaism.
- JOFA is celebrating it's 10th year. For reflections on the first conference check out http://abacaximamao.blogspot.com/2007/02/jofa-conference-this-weekend-and-ten.html
11 comments:
Why are you implying that you're not already participating in the halachic process? Unless one of several things change you'll probably never participate in it as a rabbi. And in terms of other routes? You're learning all the time. You went to this conference. You're blogging about it. By doing all of those things, you're learning more all the time and helping and encouraging others to do the same. That's a quite good start, I'd say.
Sara,
This is my first time visiting this blog and I must say it is very well written and you raise some compelling points. However, I don’t agree with you conclusions. Please excuse my tone:
Re: 2a
I think the question here is do you believe it is possible to amend Halacha in dire circumstances? If your answer is yes, there is already a Conservative movement that seeks to preserve the Halachic system and the connection to the past while attempting to find as much leniency as possible within the system when social issues compel us too. I don’t see how what you advocate differs substantially from that. Of course, you may differ from the Conservative movement as to which issues should be amended and which should not, but you can’t have a movement for each person and if what you are advocating is ideologically the same, I don’t see why you wouldn’t just join the Conservative movement.
The other possibility is that you believe there are certain halachik lines that can never be crossed. But, in that case, I don’t see how expanding the role of women will help at all.
Firstly, as you elude to in your post, in Halacha, there are certain things women can not, and will never be able to do. If you are unwilling to amend Halacha, women will never be able to testify, never count for a minyan, never be obligated in time bound positive commandments, never be able to offer sacrifices in the temple etc. I’m not sure if that qualifies as sexism or not. But, if it does, that means that in Halacha women are and always will be second class citizens. There is nothing you will ever be able to do about that. Now, there may be practical areas where you can ameliorate the plight of women, like for example, ordaining women Rabbis, but even if you do that, women will still be second class citizens, so what will you have accomplished?
Secondly, erm…..
Let me first say that my views on this post probably stem from my being a guy and not being truly sensitive to your plight on this issue. Not really understanding what you are going through. But, here goes. I’m not sure if I think Halacha is sexist or not. No need to go through all the arguments. I’m sure you are aware of them. However, there is one thing I am very sure about. Halacha is racist. Very very racist. As those of us who went to shul this morning had the privilege of hearing, Halacha is a full fledged racist system with slavery, different laws for different races, and discrimination. There is no way around this and no apologetics that solve the problem. To my mind, racism and sexism are very similar things, but the racism of the Torah is much worse than the sexism because
-the Non Jews are treated worse than women
-You can not appeal to the different roles of men/women to solve the problem
What to me is even more troubling is that aside from the legal distinctions, theologically, there is this concept that we are the superior race. Have you been able to reconcile Judaism’s racist views with your western worldview? If you have been able to, then I fail to see how you can accept a system that treats Canaanites as second class citizens but you can not accept one that treats women as second class citizens. If you have not been able to reconcile this facet of Halacha with Western culture, then, similar to my point above, I don’t see how eliminating sexism from Halacha will solve anything. Halach is and always be, a system that believes that certain people (be them races, sexes, tribes or families) are superior to other people. According to halacha, the life of a kohen is more important than the life of a Yisrael. If you could level men and women, halacha would still be just as discriminatory.
I suppose my lack of sensitivity on this point may stem from the fact that I am a male. Could be. I guess I’m trying to explain why some guys are not too bothered by these issues. But, I guess, if it works for you, go for it, and good luck improving the system!
Desh,
Thanks for your comment. I don't mean to say that what I am doing now is not important. It's just that when the bulk of my time is spent analyzing how Rav Chaim explains Rambam's understanding of the Gemara regarding broken stolen objects, it's hard to see how that time is going to impact anyone outside of our beit midrash. That's very different from advising individuals on halachic practice or writing responsa that people take seriously.
Still, "facts on the ground" are a part of the Halachic process, so whatever I do has some impact, I suppose, especially if I talk (and blog) openly about it.
(See you in the Woods!)
littlefoxling,
Thanks for visiting and commenting. I'll try to address a few of your points.
While I identify myself as part of the Orthodox community, I'm not committed to the political term itself. I like some things about the Conservative Movement, including their efforts to keep the the halachic process dynamic, but it is not really my community.
I don't think it is productive to constrain my thinking to fit within an ideological box.
I prefer to first figure out what characteristics I believe are essential for a Judaism that
1) is committed and vibrant
2) is sustainable on a personal and on a communal level
and
3) resonates with me. Then I'll see which communities I can learn from and contribute to.
I want to clarify something. I am not "attempting to find as much leniency as possible within the system when social issues compel us." I see problems that call out for Halachic solutions. Call it being machmir (stringent) on Halachic principles regarding treating other people with love, respect, and dignity. I'm motivated by a sense of obligation to do the right thing, not by a desire to take the easy way out. (I don't want to speak for the Conservative Movement, but I think that they feel the same way.)
As for the fact that women are not the only people who are treated unequally, I agree with you. I don't think makes you an insensitive guy to say that, on the contrary. That would be quite self-centered for me to only be concerned with discrimination against people like myself. I'm searching for a Jewish approach that does not advocate injustice in the name of religion. If that cannot be called Orthodox, then I'd rather give up the term than give up an insistance on justice.
Hey, Sarah!
I have been waiting and watching for a while to see what your response to littlefoxling would be. Now, I would like to follow up, if I may.
You have repeatedly stated that you are not married to the label "Orthodox." This is understandable, and I, too, am often frustrated by the little boxes corresponding to such labels. In this instance, however, I think that such a disclaimer skirts the actual issue, and therefore, I'd like to probe a little deeper.
To be blunt about it, what if you decide that the (traditional) halakhic process is fundamentally at odds with your stated "essential characteristics"? This wouldn't seem to be such a far-fetched scenario, given the admittedly difficult problems that have been discussed here. In such a circumstance would you advocate discarding (or at least fundamentally altering) the halkhic process? If not, then what?
I recognize that I am putting you on the spot, but it seems to me that it is an important point to clarify up-front.
Keep up the good work --I look forward to reading many more quality posts in the future.
While I identify myself as part of the Orthodox community, I'm not committed to the political term itself. I like some things about the Conservative Movement, including their efforts to keep the the halachic process dynamic, but it is not really my community.
OK. I guess the title of the post threw me off.
You say,
While I identify myself as part of the Orthodox community, I'm not committed to the political term itself
And
I don't think it is productive to constrain my thinking to fit within an ideological box.
And
I'm searching for a Jewish approach that does not advocate injustice in the name of religion. If that cannot be called Orthodox, then I'd rather give up the term than give up an insistance on justice.
While I did make a jibe about conservatism, the overall thrust of my argument was not just about semantics. It’s not about what you call yourself. The point is that if you feel that the tradition can not be reconciled with your morals, and the only option is to through out part of that tradition, does that call into question how valuable, meaningful, and authentic that tradition was in the first place?
These are good questions that get to the heart of the matter. Let me think about how to answer them. Perhaps that will be my next post.
In response to serious critique, how is the existing system modified? Does that modification take away from the authenticity of the system?
women are only unable to bring sacrifices because everyone is. when there was a Beit Hamiqdash standing, women brought sacrifices, and the Gemara even records that they were expressly allowed to perform parts of the sacrifice-bringing ritual (semikha) they were exempt from, in order to not hurt their feelings. a good precedent for not forbidding women today from performing positive time-bound mitzvot that they are exempt from.
steg,
I meant that women could not perform the avodah, the kabalah, holacha zerikah etc.
steg,
I meant that women could not perform the avodah, the kabalah, holacha zerikah etc.
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