The fruit of the goodly tree – the curious case of the etrog: or “what does the Etrog have to do with the Jewish people and land.

L’italiano segue il testo inglese

Sukkot is one of the three pilgrimage festivals – the shalosh regalim – where the bible (Leviticus 23) tells us that the people must come to Jerusalem with their harvested produce, to give thanks to God.

We read “The fifteenth of this seventh month shall be the feast of booths for seven days to the Lord… Also on the fifteenth day of the seventh month, when you have gathered in the fruit of the land, you shall keep a feast to the eternal seven days: on the first day shall be a Sabbath, and on the eighth day shall be a Sabbath. And you shall take for yourselves on the first day the fruit of the tree hadar, branches of palm trees, and the boughs of thick leaved trees, and willows of the brook… You shall dwell in booths seven days…that your generations may know that I made the children of Israel to dwell in booths when I brought them out of the land of Egypt…”  Lev 23:33ff

Fascinatingly, this text about Sukkot gives us two reasons for its celebration – both an agricultural one with the celebration of the harvest, and a theological one, reminding us of our dependence on God during (and after) the exodus from Egypt.

In fact Sukkot is referenced in bible in a number of different ways. The book of Exodus repeatedly calls it “Chag haAsif – the Festival of Ingathering”; In Leviticus and Deuteronomy it is referred to as Chag HaSukkot – the Festival of Booths/Sukkot; In the Books of Kings, Chronicles and Ezekiel it is called simply “HeChag” –THE Festival; and in Leviticus in the text quoted above it is called “Chag Adonai” – the Festival of God. The first two names are clearly agricultural in origin – they reference the acts of harvesting and of living in small booths in the fields during the harvesting/birthing of animals. The second two are clearly more theological/national in origin. It remains for the rabbinic tradition simply “HeChag” The festival par excellence. And the rabbis have one more name for it, again deriving from the Leviticus piece quoted – it is Z’man Simchateinu, the time of our rejoicing.

What is this joy about? Is it because we have an abundance in the Autumn, before the harshness of the winter sets in? Is it because we not only are faced with out vulnerability as we live on and work the land, but because we also are secure in God’s protection?

In the Talmud (Sukkah 11b) there is a debate – Rabbi Eliezer and Rabbi Akiva are trying to understand the verse “That your generations will know that I made the Children of Israel live in booths [sukkot] when I brought them from the land of Egypt..” Rabbi Akiva understands these to be literal physical booths, while Rabbi Eliezer understands them as metaphor – these booths are the clouds of glory that descended from God to protect the wandering Israelites in the desert.  If we were to follow Rabbi Eliezer we would understand that the mercy of God protects us, and in particular if we would see the context of Sukkot as part of the set of Autumn Festivals, then these clouds continue to hide our sinfulness and give us even longer to repent and return to a merciful God. Given that there is a tradition that one can continue to do the work of Elul/Rosh Hashanah/ Yom Kippur right up to the last day of Sukkot – Hoshanah Rabbah, this metaphorical understanding of the Sukkah is a way to give us extra time with a patient and merciful God waiting to offer us protection – something surely to be joyful about.

The text in Leviticus, besides telling us both the agricultural and the theological/peoplehood reasons for this festival, and giving us the command to rejoice before God (no other festival has this commandment), tells us to take four different plants – only two of which, the palm and the willows of the brook, are named. The others- the fruit of goodly trees, and the branches of leafy trees, require some interpretation.

The Book of Nehemiah describes an event that occurred on the date of Rosh Hashanah during the early Second Temple period. We are told that all the people gathered themselves together as one into the broad place that was before the water gate in Jerusalem; that they spoke to Ezra the scribe to bring the book of the Law of Moses, which God had commanded to Israel.  Later in the same chapter we find: “Now they found written in the Law, how that the Eternal had commanded that the children of Israel should dwell in booths in the feast of the seventh month; and that they should publish and proclaim in all their cities, and in Jerusalem, saying: “Go forth to the mountain, and fetch olive branches, and branches of wild olive, and myrtle branches, and palm branches, and branches of thick trees, to make booths, as it is written.” So the people went forth, and brought them, and made themselves booths, every one upon the roof of his house, and in their courts, and in the courts of the house of God, and in the broad place of the water gate, and in the broad place of the gate of Ephraim. And all the congregation of them that were come back out of the captivity made booths, and dwelt in the booths; for since the days of Joshua the son of Nun until that day the children of Israel had not done so. And there was very great gladness (Neh. 8:14-17).

This is clearly a description of Sukkot, yet there is no etrog, rather the branches of olives and wild olives, and the leafy tree is named here as the myrtle. There is also no mention – unlike the passage in Leviticus – of putting the four species together and enacting a ritual with them. Indeed, it is clear to the people of Nehemiah’s time that these branches are for the creating of the booths/sukkot, and this is also reflected in a Talmudic discussion (BT Sukkah 36b – 37a), that Rabbi Meir says a sukkah can be built of any material, whereas Rabbi Judah, basing himself on the description in the Book of Nehemiah, says it can only be built with the woods of the four species.

It seems also, that the fruit of the goodly tree should, by rights, be the olive. It was and it remains a staple in the agriculture of the region, the oil used as both food and fuel for lighting, for medicine and for religious ritual. The olive also is harvested around this time. When you factor in the statement by Jeremiah (11:16) “16 The Eternal called your name a leafy olive-tree, fair with goodly fruit”, it seems a bit of a no-brainer that the fruit of the goodly tree would be the olive

Yet we have instead, the rather ambiguous fruit – the etrog. Why?

The earliest text probably is that of 1st -2nd century Targum Onkelos, the first translation of the bible (into Aramaic), which has a habit of also interpreting the text, and which clearly writes “the fruit of the etrog tree”. Josephus (1st century Romano-Jewish writer) also describes the use of the Etrog when he writes about the festival. The Talmud (TB Sukkot 34a) tells the story of the Hasmonean king and High Priest Alexander Yanneus (103-76 BCE) who was not respectful of the ritual of Simchat Beit HaSho’eva (the ceremony of the water libation) and was pelted with etrogim by the angry worshippers.  The Hasmonean coins of the period show etrogim, and it was clearly an important symbol of the nation at that time.

I wonder if the etrog came to be one of the four species (arba’a minim) because it had a particular quality that the rabbis wanted to add to the ritual – and what that quality might be.

By the time of the Mishnah (2nd Century CE) the etrog is part of the group of the four species. While it is practically inedible in its raw state, it does have a particularly lovely smell should you scratch the skin a little with your nail. The old joke usually told about Israelis being like the sabra fruit, that they might be prickly and unedifying on the bush, but deliciously sweet when opened, is maybe better designed for the etrog – they appear to be firm dense and unyielding, but the smell of them when touched is exquisite. They also have another quality – leave most fruits and they will soften and rot. The etrog will generally wither and harden, but not rot, and the smell continues for a long time – not for nothing are they a favourite to make as the spice box for havdalah.

There are midrashim that talk about the four species describing the different people in a community – the date palm has taste but no smell, and describes the one who knows much torah but does not do good deeds. The myrtle has smell but no taste, the one who does good deeds but knows little Torah. The willow has no taste or smell – denoting the person who neither learns Torah nor does good deeds; and the Etrog has both taste  and smell – the ideal. We put them together in our sukkot ritual waving of the arba’a minim – because every community has people of each kind, and every community needs people of each kind.

There is a midrash that the four species resemble a whole person – the willow leaves look like lips, the myrtle leaves look like eyes, the palm is the spine and the etrog – the etrog is the heart. Again, we need to use our  whole bodies when we worship.

But the midrash I like best, and the one I have the feeling was the reason for the Etrog joining the branches of the other trees, is that each of the four species is a distinct botanical type, each quite different from the other.

The palm trees love hot and dry climatic conditions – they don’t fruit well in the humid coastal areas, but like to be in dryer, desert conditions. And so the palm branch represents the desert areas of the Land of Israel.

The myrtle thrives best in the colder and mountainous regions of the northern parts of the Land, and the willow needs to be in the areas close to the yearlong streams of water ; The etrog does best in the irrigated land of the lower coastal areas and the valleys.

The Land of Israel, small as it is, is a land of micro climates, and each one of the arba’a minim represents a different climate and so a different part of the Land. Sukkot is par excellence the festival of agriculture, of the awareness of the need for rain to fall appropriately and in timely fashion. The three trees named are, to a gardener’s eye, representative of three quite different climates. The olive is no such sensitive plant, so a different plant should be chosen to represent the carefully farmed areas of the land.

The shaking of the Lulav, the connection with harvest and agriculture, the pouring of water at Simchat Beit HaSho’eva – this is a festival both of thanksgiving and of request for the coming year. The shivering of the palm leaves as one shakes the lulav sound like the rain pattering onto the ground. What good would it be if one part of the land is well irrigated if another part suffers drought or floods?

As we become ever more aware about the problems of the changing climate – the hurricanes, the floods, the delayed monsoons, the scorching drying sun which allows fires to spread so quickly – we begin to realise what an interconnected world we live in, that what happens in one part of the world impacts upon us all.

So when we pick up the four species, let’s focus on the lesson it give us, in particular the substation of the etrog for the olive, to remind us that we are all inhabitants of the same earth, all individual parts of a greater whole, and lets do what we can to protect the earth, the crops, the rivers and the deserts, the frozen areas of the poles and on the mountains, the glaciers and the seas… Sukkot is all about how we respect water, Mayim Hayim, the giver and supporter of life.. and how we respect the world and its Creator.

 

Il frutto dell’albero di bell’aspetto – il curioso caso dell’Etrog: o “cosa ha a che fare l’Etrog con il popolo ebraico e la terra d’Israele”.

Di rav Sylvia Rothschild, pubblicato il 13 ottobre 2019

Sukkot fa parte delle shalosh regalim, una delle tre feste di pellegrinaggio, per cui la Bibbia ci dice che il popolo debba giungere a Gerusalemme con i prodotti dei propri raccolti, per ringraziare Dio.

In Levitico 23, si legge “…Il quindicesimo giorno dello stesso settimo mese è la festa di Sukkot, (delle capanne), in onore del  Signore, che dura sette giorni…. Ma il quindicesimo giorno del settimo mese, quando raccoglierete i prodotti della terra, festeggerete la festa del Signore per sette giorni; nel primo giorno vi sarà astensione dal lavoro e nell’ottavo giorno vi sarà astensione dal lavoro. E vi prenderete il primo giorno un frutto di bell’aspetto, rami di palme e rami dell’albero della mortella e rami di salice …. Nelle capanne risiederete per sette giorni …. affinché sappiano le vostre generazioni che in capanne ho fatto stare i figli di Israele quando li ho tratti dalla terra d’Egitto … ”

Questo testo su Sukkot, in maniera affascinante, ci offre due ragioni per la sua celebrazione: una agricola, con i festeggiamenti per il raccolto, e una teologica, a ricordarci la nostra dipendenza da Dio durante (e dopo) l’esodo dall’Egitto.

Effettivamente, Sukkot viene menzionata nella Bibbia in diversi modi. Il libro dell’Esodo la chiama ripetutamente Chag HaAsif , “la festa del raccolto”; in Levitico e Deuteronomio viene indicata come Chag HaSukkot, “la festa delle capanne”; nel Libro dei Re, nelle Cronache e in Ezechiele è chiamata semplicemente HeChag, “LA festa”; infine in Levitico, nel testo sopracitato, la si chiama “Chag Adonai, la festa di Dio”. Le prime due denominazioni sono chiaramente di origine agricola: fanno riferimento all’atto del raccogliere e del vivere in capanne nei campi durante la stagione del raccolto e le nascite del bestiame. La terza e la quarta sono in origine più chiaramente più teologico-nazionali. Per la tradizione rabbinica resta semplicemente HeChag, la festa per eccellenza. E per essa i rabbini hanno ancora un altro nome, sempre derivante dal pezzo del Levitico citato: Z’man Simchateinu, il momento della nostra gioia.

In cosa consiste questa gioia? Perché abbiamo l’abbondanza dell’autunno, prima che inizi la durezza dell’inverno? Perché non solo affrontiamo la nostra vulnerabilità mentre viviamo e lavoriamo la terra, ma perché siamo anche sicuri nella protezione di Dio?

Nel Talmud (Sukkà, 11b) c’è una discussione: rabbi Eliezer e rabbi Akiva stanno cercando di capire il versetto “Che le tue generazioni sapranno che ho fatto vivere i Figli di Israele in capanne [sukkot] quando li ho portati dalla terra di Egitto…” rabbi Akiva interpreta, alla lettera, che si tratti di capanne, in senso fisico, mentre rabbi Eliezer le intende come metafora: queste capanne sono le nuvole di gloria discese da Dio per proteggere gli Ebrei erranti nel deserto. Seguendo rabbi Eliezer, potremmo dire che la misericordia di Dio ci protegge, in particolare se vedessimo il contesto di Sukkot come parte del complesso delle feste autunnali, allora queste nuvole continuano a nascondere il nostro peccato e ci danno persino più tempo per pentirci e fare ritorno a un Dio misericordioso. Esiste una tradizione secondo cui si può continuare a fare il lavoro introspettivo di Elul, Rosh Hashanà e Yom Kippur fino all’ultimo giorno di Sukkot,  Hoshanà Rabbà, questa interpretazione metaforica della Sukkà è un modo di darci del tempo con un Dio paziente e misericordioso che attende di offrirci la sua protezione, ed è sicuramente qualcosa per cui essere felici.

Il testo in Levitico, oltre a raccontarci le ragioni sia agricole che teologiche e nazionaliste di questa festa, e a darci il comando di rallegrarci davanti a Dio (nessun’altra festa ha questo comandamento), ci dice di prendere quattro piante diverse, solo due delle quali, la palma e il salice, vengono nominate. Le altre, il frutto dell’albero di bell’aspetto e i rami di alberi frondosi, richiedono una certa interpretazione.

Il Libro di Nehemia descrive un evento accaduto alla data di Rosh Hashanà durante il primo periodo del Secondo Tempio. Ci viene detto che il popolo si radunò come un tutt’uno nell’ampio spazio che si trovava davanti alla porta dell’acqua a Gerusalemme; che parlarono a Esdra, lo scriba, per portare il libro della Legge di Mosè, che Dio aveva comandato a Israele. Più avanti nello stesso capitolo troviamo: “Allora trovarono scritto nella legge che il Signore aveva dato per mezzo di Mosè che i figli di Israele dovevano abitare in capanne durante la festa del settimo mese. Così pubblicarono in tutte le loro città e a Gerusalemme questo bando: “andate in montagna e protatene rami d’ulivo, d’olivastro, di mirto, di palma, e dell’albero folto, per farne capanne, come è scritto”. Il popolo ci andò: portarono a casa rami e si fecero capanne, ognuno sul suo tetto, nei loro cortili, , nei cortili del Tempio, sulla piazza della porta delle Acque e su quella della porta d’Efraim. Tuta l’adunanza, quelli che erano tornati dalla cattività, fecero così capanne e vi abitarono. Dal tempo di Giosuè figlio di Nun, fino a quel giorno, i figli d’Israele non avevano celebrato così: la gioia fu grandissima. Ezra diede lettura alla Legge di Dio ogni giorno, dal primo all’ultimo,. La festa si celebrò per sette giorni; l’ottavo giorno, ci fu solenne adunanza, come prescritto. (Neh. 8.14-17)

Questa è chiaramente una descrizione di Sukkot, eppure non c’è l’etrog, piuttosto i rami d’ulivo e olivastro, e l’albero frondoso qui è chiamato mirto. Non c’è nemmeno menzione, a differenza del passaggio nel Levitico, del mettere insieme le quattro specie e con esse porre in atto un rituale. In effetti è chiaro al popolo dei tempi di Nehemia che questi rami sono per la creazione di capanne/sukkot, e questo si riflette anche in una discussione talmudica (BT Sukkà 36b – 37a), in cui rabbi Meir afferma che una sukkà può essere costruita con qualsiasi materiale, mentre il rabbi Judah, basandosi sulla descrizione del Libro di Nehemia, afferma che può essere costruita solo con il legno delle quattro specie.

Sembra anche che il frutto dell’albero di bell’aspetto dovrebbe, per diritto, essere l’ulivo. Era e rimane un punto fermo nell’agricoltura della regione, l’olio era usato sia come cibo che come combustibile per l’illuminazione, la medicina e il rituale religioso. E l’oliva stessa viene raccolta in questo periodo. Quando si considera l’affermazione di Geremia (11:16) “Il Signore ti aveva chiamato ulivo fiorente, adorno di magnifici frutti.” Leggendo ciò sembrerebbe ovvio che il frutto dell’albero di bell’aspetto debba essere l’oliva.

Eppure abbiamo questo frutto piuttosto ambiguo: l’etrog, il cedro. Perché?

Il primo testo probabilmente è quello del Targum Onkelos del I-II secolo, la prima traduzione della Bibbia in aramaico, che ha l’uso di interpretare il testo e che scrive chiaramente “il frutto dell’albero del cedro”. Anche Giuseppe Flavio (storico ebreo romano del I secolo) descrive l’uso del cedro quando descrive la festa. Il Talmud (TB Sukkot 34a) racconta la storia del re e sommo sacerdote asmoneo Alessandro Ianneo (103-76 a.C.), che non rispettava il rituale di Simchat Beit HaSho’eva (la cerimonia della libagione dell’acqua) e fu colpito con dei cedri da dei devoti arrabbiati. Le monete asmonee del periodo recano dei cedri, che evidentemente erano un simbolo importante della nazione in quel momento.

Mi chiedo se l’etrog sia diventato una delle quattro specie (arba’a minim) a causa di una qualità particolare che i rabbini volevano aggiungere al rituale, e quale potrebbe essere stata questa caratteristica.

Al tempo della Mishnà (II secolo d.C.) il cedro fa parte del gruppo delle quattro specie. Mentre è praticamente immangiabile allo stato grezzo, ha un odore particolarmente gradevole se gli si graffia la buccia con l’unghia. Un vecchio detto comune riportava che gli israeliani sono come il frutto del sabra, il fico d’india, che potrebbero essere spinosi e poco attraenti sul cespuglio, ma deliziosamente dolci quando aperti, forse la similitudine si adatterebbe meglio al frutto del cedro: sembra essere rigido e irremovibile, ma il suo profumo, quando viene toccato, è squisito. Hanno anche un’altra qualità: la maggior parte dei frutti lasciati sull’albero si ammorbidisce e marcisce, il cedro invece appassisce e si indurisce, ma non marcisce, e l’odore continuerà a lungo: non per niente è uno dei frutti più utilizzati  per  preferiti da utilizzare nella scatola delle spezie per l’Havdalà.

Secondo alcuni midrashim, le quattro specie descrivono le diverse persone di una comunità: la palma da dattero ha sapore ma non profumo, quindi descrive la persona che conosce la Torà, ma non compie buone azioni. Il mirto ha profumo ma non ha sapore, corrisponde a colui che compie buone azioni ma conosce poco la Torà. Il salice non ha sapore o profumo e denota la persona che non impara la Tora né fa buone azioni; infine l’Etrog ha sia sapore che profumo: l’ideale. Uniamo gli arba’a minim, le quattro specie, nel nostro rituale di Sukkot perché in ogni comunità ci sono persone di ciascun tipo e perché ogni comunità ha bisogno di persone di ciascun tipo.

In un altro midrash le quattro specie vengono paragonate a una figura umana: le foglie del salice sembrano labbra, le foglie di mirto sembrano occhi, la palma è la spina dorsale e l’etrog… il cedro è il cuore. Nuovamente, abbiamo bisogno di usare tutto il nostro corpo quando preghiamo.

Ma il midrash che preferisco, e che ho la sensazione stia stato il motivo dell’aggiunta del cedro ai rami degli altri alberi, è che ciascuna delle quattro specie è un tipo botanico distinto, ognuna abbastanza diversa dall’altra.

Le palme amano un clima caldo e secco: non producono buoni frutti nelle zone costiere umide, ma necessitano di condizioni più asciutte e desertiche. E così il ramo di palma rappresenta le aree desertiche della Terra di Israele.

Il mirto prospera meglio nelle regioni più fredde e montuose delle parti settentrionali della Terra e il salice ha bisogno di stare vicino a un corso d’acqua per tutto l’anno; L’etrog rende meglio nelle terre irrigate delle zone costiere inferiori e delle valli.

La Terra di Israele, per quanto piccola, è connotata da microclimi, e ognuno degli arba’a minim rappresenta un clima diverso e quindi una parte diversa della Terra. Sukkot è per eccellenza la festa dell’agricoltura, della consapevolezza della necessità che la pioggia cada in modo appropriato e tempestivo. I tre alberi nominati sono, per un giardiniere, rappresentativi di tre climi piuttosto diversi. L’ulivo non è una pianta così sensibile, così andrebbe scelta una pianta differente per rappresentare le aree della Terra coltivate con cura.

Lo scuotimento del Lulav, il legame con il raccolto e l’agricoltura, l’acqua di Simchat Beit HaSho’eva: questa è una festa di ringraziamento e di richiesta per il prossimo anno. Il tremolio delle foglie di palma mentre si agita il Lulav suona come la pioggia che batte sul terreno. Dove sarebbe il vantaggio se una parte del terreno fosse ben irrigata e un’altra parte soffrisse di siccità o inondazioni?

Man mano che diventiamo sempre più consapevoli dei problemi del cambiamento climatico, degli uragani, delle inondazioni, dei monsoni in ritardo, del sole cocente che inaridisce e consente agli incendi di diffondersi così rapidamente, iniziamo a renderci conto in che mondo interconnesso viviamo, tanto che se qualcosa accade in una parte del mondo avrà un impatto su tutti noi.

Quindi quando raccogliamo le quattro specie, concentriamoci sulla lezione che ci dà, in particolare la sostituzione dell’ulivo con il cedro, per ricordarci che siamo tutti abitanti della stessa terra, siamo le singole parti di un tutto più grande, e facciamo ciò che possiamo per proteggere la terra, i raccolti, i fiumi e i deserti, le aree ghiacciate dei poli e sulle montagne, i ghiacciai e i mari …

Il significato di Sukkot riguarda completamente il modo in cui rispettiamo l’acqua, mayim hayim, elemento che dona e sostiene la vita, e in come rispettiamo il mondo e il suo Creatore.

 

Traduzione dall’inglese di Eva Mangialajo Rantzer

 

Chayei Sarah: how Sarah’s legacy got lost or “undermining the pillars of the women’s gallery”

As we read about the death of the first matriarch, the woman chosen to transmit the promise through her son with Abraham, the woman who “made souls” along with her husband, the woman who laughed at God, it seemed a good time to post an article I wrote in the 1980’s for the first book by women rabbis in the UK – “Hear Our Voice”.  The article was entitled “Undermining the pillars that support the women’s gallery: an examination of the foundations of the custom of segregated seating” and examines and lays bare the paucity of reasoning and of sources for this custom that keeps so many of Sarah’s daughters out of public space and public dialogue.

“As women slowly gain an increased profile and greater power in the management of synagogues, they find themselves disadvantaged within its religious expression. In some cases they are literally hidden from view, their presence screened over and muted.

The reasons given for this are fourfold:

  1. That it is a biblical/rabbinic prohibition for men and women to sit together in worship
  2. That in Temple times there was a separate women’s courtyard (Ezrat Nashim) and a synagogue by Talmudic principle is a sanctuary in miniature (mikdash me ‘at)
  3.  That male worshipers would become distracted from fulfilling their obligations to pray, if they had to do so in mixed company
  4.  That it is the long established custom and practice for Jews to worship in this way, and to change it would be to “Christianize” the synagogue

Tracing the phenomenon of separate seating – and in particular of Mechitza, (the separating screen) – what emerges is that the historical, legal and theological case for such behaviour is not at all substantial. This is surprising, given the vigour with which it is promulgated and defended.

What is the legal source for the prohibition?

In the responsa literature there is some debate as to whether the separation of the sexes (and how it is to be done) is a biblical prohibition or a rabbinic one (and therefore less authoritative).

The few responsa that argue for a biblical prohibition find themselves unable to provide any verse whatever from Torah to underwrite the claim. The single biblical verse quoted to back up the claim for separation of the sexes being a biblical command in Zechariah (12:12)

“And the land shall mourn, every family apart.

The family of the House of David apart, and their wives apart.

The family of the House of Nathan apart, and their wives apart.”

The plain reading of the verse is that it is set within an oracle in which Zechariah describes the future Jerusalem. The city will be besieged by many nations, but God will strike them with madness and confusion. God will protect Jerusalem, destroying all who make war on her, and the inhabitants of Jerusalem will mourn the nations they have “thrust through”. The mourning will be done family by family alone, and Zechariah goes on to name a number of households separately, and to state “and their women [will mourn] alone”

How can this be read as a biblical injunction not only for separate seating but for segregated seating – Mechitza? The logic would seem to be that if, in this quasi-messianic period, men and women were to be separated, and if they were specifically segregated during a period of terrible mourning, how much more should the separation be enforced in our corrupt times, and how much more so when the spirit is not depressed by sadness. For who knows what frivolity might be encouraged if men and women are allowed to be together?

As Moshe Feinstein wrote

“Nowhere do we find that this instance of future mourning was to be in the sanctuary….it therefore indicates that wherever men and women must gather, they are forbidden to be without a dividing Mechitza between them, so that they cannot reach a state of levity…..And so in our synagogues too….”[i]

Clearly this understanding is not the plain meaning of the passage in Zechariah, and clearly too Feinstein’s is a partial reading, as the issue of each family mourning separately is not developed into their behaviour at worship. More important however, is the fact that this source – the ONLY biblical text used to support segregation, comes not from Torah but from Nevi’im – the prophetic books. Feinstein deals &with this by writing:

“And even though its source in the Bible is a verse from the Prophets, in which the rule is that it cannot establish any biblical prohibition, here a biblical law can be derived from it, for it does not seek to originate any prohibition, but merely requires that mourning be observed in accordance with the [apparently pre-existing] scriptural law – men separate and women separate. We learn similarly of many biblical laws from the actions of the Prophets, Judges and Kings, out of verses quoted in passages of Oral Tradition” [ii]

In other words, Feinstein views this as coming under the category of received wisdom – i.e. that we can infer from the narrative the existence of an older law which is then assumed to be a biblical law. So had the text in Zechariah overtly prohibited men and women from mourning together it would not have been a biblical prohibition, but since it does not say that, then we can legitimately infer such a prohibition (!)

Leaving aside such convoluted processes, the main objections, that nowhere in the Bible is the separation of men and women in public worship or assemblies commanded,(and indeed we find many examples where men and women clearly do worship together, see below) and that the one verse that is even remotely applicable is in the Prophets, are not addressed.

So it would seem that the prohibition must be, in fact, a rabbinic one.    Many responsa, including those of Rav Kook, take this view.

If we look to the Talmud we find that it addresses the separation of men and women only in terms of the Ezrat Nashim (the women’s courtyard in the Second Temple), and of the great amendment made to the Tempe to accommodate the celebration of Simchat Beit HaSho’eva, the water libation ceremony which took place during Sukkot.

In the Second Temple there was a system of courtyards of increasing holiness, culminating in the Holy of Holies. One outer courtyard was ‘the Courtyard of the Women – Ezrat Nashim’, beyond which it is thought that women did not normally go.  Likewise there was a ‘Courtyard of the Israelites – Ezrat Yisrael’, beyond which men who were not of priestly descent did not normally pass.

The Ezrat Nashim, however, was certainly not a secluded and enclosed place designed only for the women, as a synagogue gallery is meant to be. It was a large outer courtyard where both sexes could mingle freely. It could not have been an area where women could go to pray quietly and separately, because the men had to pass through it to get to the courtyard of the Israelites and beyond.

Therefore we cannot deduce from the Temple architecture that the sexes were separated for the purpose of worship or assembly. Ezrat Nashim here means not a place reserved for the women, but the furthest point that the women generally went into the Temple (unless of course they were bringing a sacrifice to the priest)

Furthermore we know that the Ezrat Nashim was a busy place. Mishna Middot tells us:

“The Ezrat Nashim was 135 [cubits] in length by 135 [cubits] in width. And there were four chambers at its four corners each forty cubits square; they were not roofed over….And what purpose did they serve? The south-eastern one was the Chamber of the Nazirites, because there the Nazirites cooked their peace offerings, and cut their hair, and cast it beneath the pot; the north-eastern one was the Chamber of the Woodstore, and there the priests that were blemished searched the wood for worms, for any wood wherein a worm was found was invalid [for burring] upon the altar. The north-western one was the Chamber of the Lepers; the south-western one – Rabbi Eliezer ben Jacob said “I have forgotten what it was used for”, but Abba Saul says “there they stored the wine and the oil and it was called the Chamber of the House of Oil” [iii]

The place described scarcely sounds like the paradigm for separated and segregated seating, such as that above the main body of the synagogue in a balcony, or behind a mechitza. We come a little closer to such a possibility further on in the same mishnah:

“Originally [the Ezrat Nashim] was not built over, and[later] they surrounded it with a balcony so that the woman should look on from above and the men were down below in order that they should not intermingle. And fifteen steps went up from within it to the Ezrat Yisrael, corresponding to the fifteen degrees in the Book of Psalms, and upon them the Levites used to sing” [iv]

So a women’s gallery did exist for part of the time the Second Temple stood, and it was added after the Temple was built.    To find out why this structure was built we need to look at the mishnah and gemara in the Babylonian Talmud tractate Sukkah.

The mishnah reads:

“One who has not seen the rejoicing at the place of the water drawing (Simchat beit HaSho’eva) has never seen rejoicing in their life. At the conclusion of the first festival day of Tabernacles, they (the priests and the Levites) descended to the court of the women (Ezrat Nashim) where they had made a great enactment”

The gemara asks:

“What was the great enactment? R.Eleazar replied ‘As that of which we have learned. Originally [the walls of the court of the women] were smooth, but [later the court] was surrounded with a gallery, and it was enacted that the women should sit above and the men below.” Our Rabbis have taught. “Originally the women used to sit within [the Court of the Women] while the men were without, but as this caused levity it was instituted that the women should sit without and the men within. As this however still led to levity, it was instituted that the women should sit above and the men below”[v]

Note that the men and women swapped their quarters for the celebration, the men in the Court of the Women and the women in the smaller, inner Court of the Israelites.

So we have found the very first enclosure or gallery for women, but are left with two problems if we want this to be the source for the phenomenon either of separate seating or of mechitza.

First, the gallery spoken of in tractate Sukkah is of a temporary nature, erected only for this festival of Simchat Beit HaSho’eva (a festival which has not been observed for centuries).

Secondly, there are always problems in drawing a parallel between the Temple and the synagogue. While a synagogue may be a miniature sanctuary[vi],many activities particular to the Temple are not transferred to the synagogue (for example, the use of musical instruments is not acceptable in an Orthodox synagogue).

There is no reason why this once-a-year change in seating so as to prevent an over-enthusiastic celebration should transfer to the synagogue as a permanent relegation of women to a gallery or separated enclosure.  As Steinsaltz wrote:

“Simchat Beit HaSho’eva; as well as it being a religious commandment to be joyful every festival it is a particular commandment to rejoice on the days of the festival of Sukkot and thus they used to do in the Temple. On the eve of the first day of the festival they would prepare a gezuztra (enclosure or balcony whose finished side faced upwards) in the Court of the Women, so that the men and women would not mingle, and would begin festivities at the end of the first day. And so it would be for each of the intervening days of the festival. From the time that the evening sacrifice was offered, they would rejoice and dance the rest of the day and all of the night”[vii]

This is scarcely the practice today.

If the Talmud only mentions separated and segregated seating in the setting of the annual erection of the gezuztra in the Court of the Women (from which we can also infer that the gezuztra was taken down for the rest of the year), where does the practice begin?

The Codes do not specifically discuss the special women’s galleries in synagogues. Neither the Mishneh Torah of Maimonides (1135-1204) nor the Shulchan Aruch of Joseph Caro (1488-1575) refer to such a thing. This could be for one of two reasons:

It could mean that the law referring to mechitza and the separation and segregation of women was so well known that it was pointless to codify it, or else it could signify that the law was not known at all.

Certainly there are many instances in the Bible where the women are involved in public worship. The earliest example is in Exodus 38:8 when we are told about the serving women who did service at the door of the tent of meeting. Other references can be found in Leviticus 12:16, the Prayer of Hannah in 1 Samuel 1:12, the Shunammite woman in 2Kings 4:23 and there are many more.

The book of Nehemiah contains a specific reference to Ezra the priest reading the Book of the Law “before the congregation, both men and women, and all that could hear with understanding…in the presence of the men and the women” (8:2-3) and in 2 Chronicles we are told:

“And all Judah and Jerusalem mourned for Josiah. And Jeremiah lamented for Josiah, and all the singing men and singing women spoke of Josiah in their lamentations unto this day” (35:24-25)

Interestingly here we have a text which speaks of joint mourning, both men and women public lamenting, as distinct from the verse from Zechariah, used as a prop for the custom of separated worship.

We know too that the early Christians – who modelled themselves on contemporary Jewish observance – did not have separation of the sexes in worship. We read in Acts (1:13-14)

“These [male disciples] all continued with one accord in prayer and supplication, with the women, and Mary the mother of Jesus, and his brothers”  Further sources are Galations 3:28, Romans 16:12 etc.

Professor Shmuel Safrai of the Hebrew University is clear “from numerous sources” that women attended synagogue in antiquity, but that “there were no women’s galleries or any other known form of sex separation in synagogues”. He acknowledges that there might have been some internal division of sexes (for example women seated to the side or to the back), but if there were “there are no contemporaneous sources to describe them”[viii]

The exhaustive survey of the remains of ancient synagogues by Bernadette Brooten[ix] backs up Safrai’s claim. Having examined synagogue remains from the ruin of Masada (first century) onwards, her conclusion is unequivocal. There is absolutely no archaeological evidence for a women’s gallery or a separate women’s section in ancient synagogues. Instead she found much evidence of the prior assumptions held by the archaeologists who investigated this subject. She writes:

In a lecture on the Galilean Synagogue ruins held on 16 December 1911 in Berlin, Samuel Krauss said to his audience: “Now that we are inside the synagogue, let us first of all – as politeness demands – looks for the rows of the seats of our dear wives, non the supposition that something will be found which could be viewed as the remains of a ‘Weibershul’ in the synagogue ruins”

Following the demands of politeness, Mr Krauss did look for, and did find, the remains of what he called the women’s gallery in the ancient Galilean synagogues. The majority of modern Judaica scholars and archaeologists follow Krauss in both method and result – i.e. they look for a women’s gallery and they find one.

An example: In Gamla (destroyed 67CE) the synagogue is approached in its southeast corner by stairs coming up the side of the hill. An article in the Biblical Archaeological Review states that these stairs ostensibly led to an upper [women’s] gallery….. Further excavation in 1979 revealed that these steps are a continuation of a road leading up the side of a hill to the synagogue, and are thus leading to the synagogue itself, rather than a gallery”

Bluntly stated, Brooten’s conclusion is that a number of Palestinian synagogues clearly never had a gallery, and of the few where a case was made for a gallery by the archaeologists, the evidence examined did not support such a hypothesis. In the case of side rooms in the excavated sites, the general rule seemed to be that if a gallery could not be imaginatively reconstructed, then the side room was perceived as the women’s area. Otherwise it was assumed to be storage or a school room.

So, given that there is no strong biblical, Talmudic or archaeological case for a women’s gallery or a separate women’s section, we are left with a mystery. Where does such a fixture (and custom) come from?

The earliest written source is from the thirteenth century. Mordechai ben Hillel haKohen (1240? – 1298), a German rabbi and author, who wrote a commentary on the Talmud. On a discussion about permitted and prohibited actions on the Sabbath he noted:

“It is forbidden to set up any screen whatever on the Sabbath, unless it is for chasteness in general…. But a screen for general chasteness is permitted. For example, we are permitted to erect on the Sabbath the partition curtain between men and women, which is set up during the time of the rabbi’s sermon”[x]

Mordechai is using an existing practice to illustrate his point about work on the Sabbath. This is the first we know of such a practice, and it clearly shows that normally the women were not segregated within the synagogue, and that the segregation of men and women was done only to prevent impropriety during a sermon when the synagogue building was full.  By the time of R. Jacob ben Moses Moelin(Cremona 1565) the curtain is said to have been made from prayer shawls, strung across the room to form a divide[xi]

Other responsa on the subject of the separation and segregation of women in the synagogue all stem from the mediaeval period or later. For example Rashi (1040 -1105), commenting on a Talmudic passage which is dealing with men and women being alone together, says, “Where men and women come together either for the sermon or for a wedding, he should arrange earthenware jugs between them so that if they approach each other these would make a noise”[xii]

The Yalkut Shimoni (a midrashic work dating from the first half of the thirteenth century) cites the Tanna d’bei Eliyahu Rabba (a midrashic work composed in the second half of the tenth century, probably in Southern Italy) as follows:

“A man should not stand among women and pray, because he is likely to be distracted by the presence of women”[xiii]

It would seem that at some point in mediaeval times the notion of men being distracted from their obligatory prayer by the presence of women (also praying?) took hold. What was a problem in Second Temple times only during one very energetically celebrated festival became a problem for the Jewish community permanently. What remains unclear is – why?”

Several theories have been advanced. The dispersing of the Jewish population in Europe as the Crusades swept through Europe in the eleventh, twelfth and thirteenth centuries may have forced a hardening of attitudes towards the women, in common with the non-Jewish world outside. Some scholars believe that it is the influence of Islam on Judaism, which has encouraged it to hide its women away [xiv]

Possibly the separation and segregation was done to protect the women in some way. Certainly the separated and segregated seating is required only when there is an halachic obligation to gather, and so for weddings for example there is no need for such a partition. In the same way as the Talmudic law works on the principle that women do not need to put themselves in danger by exposing themselves to a dangerous situation in order to fulfil a religious commandment, the separating and segregating may have been a technique to protect those who were seen as the vulnerable sex.

Israel Abrahams wrote:    In the separation of the sexes the synagogue only reflected their isolation in the social life outside. The sexes were separated at Jewish banquets and home feasts no less than in the synagogue. If they did not pray together, neither did they play together. The rigid separation of the sexes in prayer seems not to have been earlier however, than the thirteenth century. The women had their own court in the temple but it is not impossible that they prayed together with the men in Talmudic times. Possibly the rigid separation grew out of the mediaeval custom- more common as the thirteenth century advances – which induced men and women to spend the eve of the Great Fast (Yom Kippur) n the synagogue. By the end of the thirteenth century, and perhaps earlier, Jewish women had their own prayer meetings in rooms at the side of, and a little above, the men’s synagogue. With which the rooms communicated by a small window or balcony. Or if they had no separated apartments, they sat at the back of the men’s synagogue in reserved places, screened by curtains [xv]

The idea that the separation and partition came about to protect chastity during Yom Kippur (and which then took on a life of its own) makes the most sense in terms of the innovation which was brought into the Temple on Simchat Beit HaSho’eva, and of the first textual reference by Mordechai ben Hillel haKohen

The Synagogue is seen as a place of reverence, and levity would be out of place. Thus, when the opportunity arose- a rowdy minor festival, a sermon in crowded building, a night when both sexes would be sleeping in the same large room – the erection of a separate screen would seem logical and desirable. The only problem is the ex post facto legitimization of this screen into a biblical command, building into it the devaluing and disappearance of the women. One must also question whether it is the right way to combat levity in the synagogue today, or whether it actually induces people to ignore the service in favour of elaborate signalling communication with each other

This would lead us into the question of where it is possible to change an age-old custom, and whether this would ‘Christianize’ the synagogue. To take the latter first. The early Christians copied the Jews in matters of ritual. They had men and women praying together because that was the age-old Jewish way. Add to that the fact that the gallery was taken into synagogue architecture from outside the Jewish tradition (it certainly did not feature in the ohel moed, the tent of meeting in the desert – nor the Temple as described in the Book of Chronicles, and one could ask whether removing the mechitza and the galleries from our synagogues might not in fact be bringing us closer to our architectural roots.

Krauss believed that the gallery was adopted by the Jews from the Greek style, and later copied by the Christians. Certainly many Christian chapels have very similar architecture.

Regarding the changing of a time honoured custom (and as this is the true source for the mechitza this is the crux of the matter) there is, as ever, more than one opinion.

One view would be that this is a relatively new custom which was made to prevent the reverence of the synagogue from being tainted by levity and unchastity. Since it now has the effect of alienating women from the service, and in their alienation causing them to chatter and laugh and try to catch the eye of others, tis innovation no longer serves its purpose and should be allowed to lapse, as so many customs have done throughout Jewish history.

The stringent view would be that in effect custom takes on the force of law. In the Jerusalem Talmud the response of the Sages to a request to change an ancestral custom was “do not deviate from the customary practices of your fathers whose souls rest in peace”. Thus it is inferred that to disregard customs instituted by earlier generations to safeguard religious practice is to dishonour those dead earlier generations. The proof text for this desire not to amend or to innovate within Jewish practice is taken from the Book of Proverb (1:8).  “Forsake not the teaching of your mother”. Somehow, when applied to the segregating of women behind thick curtains, or up into galleries away from the heart of the synagogue service, that is the biggest irony of all.

[i] Responsum by Rabbi Moshe Feinstein “On the law of Mechitza” reprinted in B.Litvin, “the sanctity of the synagogue” KTAV, New York 1987, 124

[ii] Ibid 120

[iii] Mishna middot 2:5

[iv] Ibid

[v] Babylonian Talmud tractate Sukkah 51a

[vi]Babylonian Talmud tractate Megillah 291

[vii] Rabbi Adin Steinsaltz, Orach ha Halachah, ad loc

[viii] Professor Shmuel Safrai, Tarbiz 32, 1963

[ix] Bernadette Brooten “women leaders in the ancient synagogue” Brown Judaic Studies 36, Scholars Press, California 1982

[x] Mordechai on Mishnah Shabbat 3 (n.311)

[xi] Sefer Maharil 38a

[xii][xii] 12Rashi on Babylonian Talmud tractate Kiddushin 81a

[xiii] Yalkut Shimoni 1, 934, cited in Litvin, The Sanctity of the Synagogue (note 1)

[xiv] Professor Shmuel Safrai interviewed in the Jerusalem Post 8th August 1986

[xv] Israel Abrahams “Jewish Life in the Middle Ages” 1896 Athenaeum, New York 1985

 

Women in Public Space – a proud Jewish tradition in danger of being forgotten

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Where has it come from, this strident male voice insisting that women are so dangerous that they must neither be seen nor heard? When did woman, created equally and simultaneously alongside man in the first creation story  (Genesis 1:27) lose that position in the eyes of some commentators so that they not only feel the need to hide women away from the public eye and mute our voices, but go on to claim that this is God’s will as indicated in bible? And then, for good measure, decree that women cannot study these texts for reasons of modesty?

The position of women in Judaism is under assault and despite what some may say, this is essentially a modern phenomenon. Biblical women are strong personalities, active players in the narrative. Sarah, like Abraham, “makes souls” (Genesis 12:5). God tells Abraham “in all that Sarah says to you, listen to her voice (obey her); for through Isaac shall your descendants be called. (gen 21:12) making Sarah as important a transmitter of covenant as Abraham. The other matriarchs are equally powerful players in the narrative, as are many other women in bible. The Talmud tells of the seven prophetesses in bible (BT Megillah 14a) including Deborah, the only person in the book of Judges to actually be seen making judgements for the Children of Israel  who came to her for rulings  (Judges 4:5). Women scholars can be found in our tradition down the years: Talmud records the comments if first century Ima Shalom,  In the 2nd Century Beruriah, daughter of Rabbi Hananiah ben Teradyon was such a scholar that Talmud tells us “she learned three hundred laws from three hundred teachers in one day” (BT. Pesachim 62b).  Rashi’s daughters learned Talmud.

We have archaeological evidence that there were women leaders in the ancient synagogues from the second century on, that they were active participants in ancient Jewish society long before the rabbinic period. Women have affected tradition through the generations, be it taking on mikveh for themselves or creating their own prayers and techines. Even the way we pray the amidah is based on Hannah’s prayer (BT Berachot 31). So why now as the rest of the world is waking to the benefits of women in public space of is one part of the Jewish world going in the other direction? And how can traditional Jews recite Eshet Chayil (Proverbs 31:10-31) which celebrates the  domestic and commercial skills of a good woman, and at the same time declare that the mere presence of a woman in the public sphere will cause licentious thoughts and so must be prevented at all costs?

The segregation of women in prayer and study is a case in point. Mechitza is sometimes cited today as the gold standard of orthodoxy – yet less than a generation ago many orthodox synagogues did not require such a barrier between the sexes. Its origin is neither biblical nor from Temple period – indeed it most likely entered Jewish practise in medieval times from the practises of the people among whom the Jewish people were living. According to Talmud there was only one day in the year when men and women were separated, on the exceedingly festive Simchat Beit Ha’Sho’eva.  (Sukkah 5:1) Fascinatingly, according to the Talmud, on this day in order to prevent too much rowdy behaviour, there was a rabbinic enactment (takkanah) to separate the men and women, and after some trial an error putting the men outside the courtyard and the women inside, then vice versa, the solution was hit upon – to build a gallery above the courtyard and to place the women safely above the fray. Fancy that- a rabbinic enactment changing the plans of the Temple! Imagine the daring to create an architectural reformation that goes against the original divine blueprint.

The Talmudic Rabbis are well aware of this huge dissonance and dislocation in the tradition in order to respond to the people and attempted to support it with a verse from Zechariah, and as all those who study or write response know, supporting verses from the prophetic books are not enough to create Halacha, and most certainly they are not of the category of biblical law. The sleight of hand would be amusingly audacious if it has not meant within the last generation or so that it has disappeared behind the “because I say so” school of responsa, and emerged as a biblical imperative that must not be questioned.

 The area of the Second Temple known as the Ezrat Nashim was not an area designated especially for women as is popularly imagined, but the first courtyard as one entered the Temple precinct and it is clear that both men and women mingled within it. There is no evidence – either textual or physical, that men and women were separated during public worship until the middle ages when we find the statement in the tenth century Tana D’vei Eliyahu that “a man should not stand among women and pray, because he is likely to be distracted by them” – a statement that seems to imply that men are indeed praying alongside women.  

So why in the last few years has one part of the orthodox world chose to focus on taking women out of public space? Why have the laws of tzniut (modesty) become not a spiritual aid, but a stick with which to beat girls and women, to force them to suppress much of their own selves as an act of piety. Posters abound in the frum world, such as the ones shown on this blog, warning women that if they do not wear suitably modest clothing the messiah will not come, they may cause ill health to others and even to themselves, the world is dependent on their covering up and ensuring that no one might notice them at all as women.  There are attempts to silence the voices of women in public, to prevent women singing even at secular events such as Israel Independence Day or Holocaust Memorial Day, although confusingly the responsa about what and where women may sing are so many and varied that what one rabbi may see as the worst possible time and place is noted by another as the only permissible way for women to sing….  And now women’s prayer minyanim are under attack, something that has happened throughout the ages in the Jewish world as attested by the many prayer books left behind, women praying together, studying and reading Torah together, are suddenly in the firing line for some rabbis determined to have a ruling calling them inauthentic, and outside the orthodox fold.

As a woman rabbi trained and working in a progressive stream of Judaism, this concerns me deeply. While I know enough to know how to challenge some of the so called traditions and see them in their context, and can read and critique the responsa which are steering this flight into a mind-set one cannot even really call medieval, I also know that there is a growing determination to control women as never before, and this worries me. Where is it coming from this strident male voice that is insisting that women are dangerous, that sexuality is impure, that authenticity can be found in a mind set so far from biblical and most rabbinic sources as to be from a different world. What is happening in some parts of the Jewish world that it is consuming not only the rights to self expression of women, but also the dynamism and scholarship and thoughtfulness of so many years in order to make a one size fits all costume to clothe and smooth away and hide from view the diversity, the openness and the audacity of our rabbinic ancestors.