3rd Elul: birthday of Menachem Meiri

3rd Elul birth of Menachem ben Solomon Meiri or Ha’Meiri (1249–1306)

The Meiri was a Catalan rabbi, Talmudist and Maimonidean, regarded as one of the most brilliant commentators of his time. His works, which have often been ignored by much of the halachic process since, show a clear and logical – and scientific – approach to our great foundational texts.  He was a philosopher whose learning kept him open to new approaches – from the Jewish Encyclopaedia we read that “Meiri was too much of a philosopher himself to interdict the study of philosophy. Thus, when solicited by Abba Mari to give his adhesion to the excommunication launched against the secular sciences, Meiri wrote him a letter in which he emphatically defended science, the only concession he made being to forbid the study of secular sciences by any one before he has thoroughly studied the Talmud.”

He is especially famous for his writings on Jewish-Gentile relationships, repeatedly holding that the statements against the other nations in the Talmud and the discriminatory laws against them, were only about the long-disappeared idolatrous nations of that time, and in no way were to be used in his contemporary setting.  He was also a clear early voice in support of women’s reading of the Sefer Torah and the Megillah within the community.

Other comments of his are also worth bringing forward for attention– for example on the fractious dispute that has surfaced in our time: Kol b’isha ervah – the idea that a woman’s voice is sexually provocative and must therefore not be heard – also provide useful early texts to remind those who would silence women en masse in public spaces, that their viewpoint is not miSinai. On the nature of Ervah as it relates sexuality he is clear that this is highly subjective. “That a person knows himself and his inclinations” and that Kol B’isha does not apply when one knows that her voice will not be sexually stimulating. And concerning this the Torah says I am the Eternal your God” — indicating that each person must draw an honest and individual boundary”

He rules that even a minor may read from the Torah scroll for the community. He believes that one’s obligation to read the Torah publicly is not one that falls under the halachic concept that a person of lesser obligation cannot perform a commandment on behalf of a person with a greater obligation, for that is holds only for individual obligations and not communal ones. Hence, women too can read from the Sefer Torah.

There are downsides to his writing. In particular I found his comments on who to marry disappointing: Commenting on BT Yevamot 63a where Rav Pappa advises “Be patient and marry a woman who is suitable for you. Descend a level to marry a woman of lower social status, and ascend a level to choose a friend”   Rashi glosses: “Do not take an important woman as your wife, lest she find that you are unacceptable to her” But the Meiri goes further in his commentary -“Never seek a wife among those who are greater than you, lest as a result of her higher standing, she rules over you. Surely then she will not obey you regarding household tasks.”

We are all children of our time, and we have all absorbed the generation norms in which we live, to a greater or lesser degree. The Meiri was of his place and time, but had the courage to speak against much of the prevailing fear of “the other” – be they women or gentiles.  And he continued to be open to knowledge from whatever source, defending the learning of the sciences and a good and rounded education. We need more such voices today.

Tu b’Av: an especially joyful festival to be reclaimed

The three weeks that lead from the 17th Tammuz (breaching of the walls of Jerusalem)  to the 9th of Av (Tisha b’Av) are traditionally a period of mourning, known as bein hametzarim – in the narrow straits. So it is all the more surprising that just one week after Tisha b’Av comes an especially joyful festival – the full moon of Av brings us Tu b’Av – when we are told:

Rabban Simeon ben Gamliel said: Never were there any more joyous festivals in Israel than the 15th of Av and the Day of Atonement, for on them the maidens of Jerusalem used to go out dressed in white garments – borrowed ones, however, in order not to cause shame to those who had none of their own. These clothes were also to be previously immersed, and thus the maidens went out and danced in the vineyards, saying: Young men, look and observe well whom you are about to choose; (Mishnah Ta’anit 4:8)

The rabbis of the Gemara are perplexed – ““On the 15th of Av and on the Day of Atonement,” etc. It is right that the Day of Atonement should be a day of rejoicing, because that is a day of forgiveness, and on that day the 2nd tablets of the Law were given to Moses; but why should the 15th of Av be a day of rejoicing?”

And so begins a fascinating rabbinic journey into what is behind the celebration of the fifteenth (Tu) of’Av :

Said R. Yehudah in the name of Samuel: “On that day it was permitted to the members of the different tribes to intermarry.” Whence is this deduced? Because it is written [Num 36: 6]: “This is the thing which the Eternal has commanded concerning the daughters of Zelophehad,” they claim that “this is the thing” implies the decree was only for that generation, but for later generations the decree doesn’t apply.

  1. Joseph in the name of R. Nachman said: On that day the members of the tribe of Benjamin were permitted to intermarry with the other tribes, as it is written [Judges 21. 1]: “Now the men of Israel had sworn in Mizpah, saying: Not any one of us shall give his daughter unto Benjamin for wife.”

Rabba bar bar Hana said in the name of R. Johanan: On that day the last of those who were destined to die in the desert died, and the destiny was thus fulfilled;

Ulla said: “On that day the guards appointed by Jeroboam to prevent the Israelites from coming to Jerusalem were abolished by Hosea the son of Elah, and he said: ‘Let them go wherever they choose.'”

  1. Matnah said: “On that day permission was given to bury the dead who were killed in battle at the city of Beitar”

Rabba and R, Joseph both said: On that day they ceased to cut wood for the altar, as we have learned in a Baraita: R. Eliezer the Great said: “From the fifteenth day of Av the heat of the sun was lessened and the timber was no longer dry, so they ceased to cut wood for the altar.”

There is a golden rule in rabbinic exposition – the more explanations given for something, the less likely it is that anyone knows what the explanation actually is. Clearly a celebration on the 15th of Av, which coincided with the beginning of the grape harvest, is part of the custom and practise of the Jews by the time of the Talmud, but its origin is already lost in the mists of time.

Let’s look briefly at the Talmudic explanations before looking at the festival itself.

The story of the daughters of Zelophehad is told in the book of Numbers- a rare piece of case law in that book and a powerful piece of text about women confronting Moses in order to attain fairness under the law. Zelophehad is dead, he had 5 daughters and no sons, and according to the rules of inheritance at that time, the girls would be left without anything. They approach Moses and argue their case, including the fact that their father will be forgotten in his tribe. Moses has to ask God about the merits of the case, and God tells him that the case of these daughters is valid; they should indeed inherit from their father. Later a problem arises, the leaders of the tribe of Manasseh – which the family of Zelophehad belong to – also bring a petition to Moses. Should daughters inherit when there is no son, and then marry into another tribe, the inheritance and land that would normally stay within the tribe will be given to the tribe that the woman marries into.

So the law is amended – such women who inherit land from their fathers must marry only within their own tribe – a limiting phenomenon that itself causes problems. So Rabbi Yehuda quotes Samuel by saying that tribes may now intermarry freely – and the date of this decision was the fifteenth of Av on the last year before the Israelites entered the Land of Israel.

The second explanation in the gemara is from a much darker story found at the end of the book of Judges, where a woman staying overnight in the territory of the tribe of Benjamin, was gang raped until she died. The other tribes went to war against the Benjaminites who would not give up the criminals for justice, and a ban was proclaimed which meant no one could marry into that tribe. This ban was eventually lifted on the fifteenth of Av. One assumes that this idea comes from the commonality of Tu b’Av to the statement in the Book of Judges ““And see, and, behold, if the daughters of Shiloh come out to dance in dances, then come out of the vineyards, and let every man catch  his wife of the daughters of Shiloh, and go to the land of Benjamin.” (21:21)

The third explanation – This comes from a midrash found in the Jerusalem Talmud amongst other texts, which say that the generation who were to die in the desert because of their connection to the sin of the Golden Calf expected to die on Tisha b’Av. This would cause a problem – if there were to be so many deaths on one day, then who would be able to dig the graves and bury the people? So Moses sent out a decree: On Tisha b’Av everyone must dig their own grave and sleep in it. Those who would die would die, and the survivors would simply have to fill in the graves with the bodies already in them. But many did not die who felt that they too were destined for this fate, and so they continued to sleep in the graves they had dug for themselves until they saw the full moon of Av and realised that Tisha b’Av was well and truly behind them. They would live!

The fourth explanation: King Jeroboam (c900BCE) had challenged Rehoboam the son of Solomon, because of his authoritarian rule, and took the ten Northern tribes with him to his capital Shechem. He built two temples as rivals to the one in Jerusalem (Bethel and Dan) and banned his people from going to worship in Jerusalem.  Fifty years later, the last King of the Northern Kingdom of Israel, rescinded the ban – on Tu b’Av – and the joy that ensued is encoded in the festival.

The fifth explanation also involves graves, in this case the ones slaughtered in the rebellion against Rome led by the false messiah Shimon bar Kochba in 135. The massacre of the Jews by the Romans was estimated by one Roman historian as being at least 580 thousand dead and many more taken captive into slavery in other parts of the empire. The majority of the Jewish population was exiled from the land and the land given a new name by the Romans – Syria Palestina – to try to sever the connection between the land and the Jews. Tisha b’Av saw the final destruction of Temple and hopes, and the fortress of Beitar was breached and its inhabitants murdered and left unburied. So Rav Matnah’s explanation for Tu b’Av is that 6 days after the tragedy (some stories say a year and six days), the Romans finally permitted the burial of the slaughtered Jews – on Tu b’Av.

After such dramatic explanations the final one in the list is more prosaic, but also most likely to be the case. Simply that the full moon of Av is around the summer equinox, the days are beginning to shorten and one might be less sure of enough dry weather for the wood cut down for the Temple sacrifices to be sufficiently prepared for its use, and any wood cut down later would be liable to smoke unpleasantly. This explanation is bolstered by the fact that we know of customs in the near East whereby the end of the season for cutting wood is marked by celebration including dancing and music.

So having established that Tu b’Av was being celebrated in Mishnaic times, that the young women would go out into the vines wearing white dresses they had borrowed so as not to be identified by their clothing, that they danced and sang and that clearly a shidduch market was in full swing on that date – the young men would chase them and choose their brides – the rabbinic tradition tried to explain the event using stories of rape, graves, massacre, orphaned women claiming economic rights and hence losing the right to marry outside of their tribe, civil war and rebellion against both internally among the Jewish people and also against an oppressive occupying power. One has to wonder why.

I am reminded of a recent “tweet” that asks why a prominent politician is tweeting terrible racism, and suggests that the deflection is to stop people paying attention to something worse – the statutory rape of underage girls.  Here the rabbinic tradition has a clear story of strong young single women in public space, helping each other with their clothing and “seductively” dancing and singing among the grape vines, with their symbolism of wine and wealth and fertility. So immediately there is a deflection – Beitar! Bnot Zelophehad! Possibly the darkest story in bible of a young concubine gang raped and murdered, whose fate was to be cut into twelve pieces each of which was sent to one of the tribes of Israel! Sin and death and lying in the grave! Rebellion and Massacre!

It seems to me that the Tannaim (the rabbis of the Mishnah, c50-200CE) were fine with the celebrations of Tu b’Av and the fact of young girls out on a summer evening enjoying their bodies, their strength and their music, but the Amoraim (the rabbis of the Gemara c200-500CE) were decidedly not. So Tu b’Av became a date more often ignored than celebrated. The single attention was liturgical – Tachanun (the penitential section of prayers of supplication and confession) are not said on Tu b’Av. Only since the modern State of Israel has been established has Tu b’Av been celebrated – it has become a kind of Jewish “Valentine’s Day”, a day for love, for weddings, for romance. The 19th century Haskalah poet Judah Leib Gordon wrote about its celebration in the newly planted vineyards and certainly for the more secular Israelis this is a Jewish festival to take to their hearts.

It’s worth noting the framing of the Mishnah where Tu b’Av is recorded. It is mentioned in the same breath as the most solemn day in the calendar – Yom Kippur, the Sabbath of Sabbaths, the white fast. On this day people traditionally wear kittels – the white shrouds they will be buried in. The day is a day of joy as well as penitence, because when we have truly repented, God will forgive us. We leave the day lightened by our activities and return more able to continue with living our lives.

There are real similarities between the two festivals, albeit one is a day out of time “as if dead” and the other a day of sensuous delight. Each reminds us of the importance of living our lives as fully and as well as we can. Each reminds us about living” in the now”, each helps us create our future selves.

So – let’s reclaim Tu b’Av, the full moon that follows three weeks of mourning,  that takes place 6 days after the blackest day in the calendar. Let’s remind ourselves that life must continue, joy must be part of our living, that relationships with others matter and that the future is ours to create

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

 

Parashat Noach and Rosh Chodesh MarCheshvan: – time to break the silence and speak out #metoo

Rosh Chodesh Marcheshvan is a special day for me – specifically it is the date on our Ketubah recording our chuppah (Jewish wedding)– and in my eagerness to be observant on that day and  I remember being slightly disappointed that the traditional wedding day fast in order to be cleansed of all ‘sin’ was overridden by the nature of the day.

I remember too the debate about the name of the month – would one write Cheshvan or Marcheshvan on the wedding document? The month may be free from festivals, but it was the beginning of our marriage – surely we couldn’t call the month “bitter Cheshvan” on that basis?

The eighth month in our calendar,  it may have come to us through the Akkadian/Babylonian language, and simply be a description of its place in the year, with  m’rach sh’van corresponding to “eighth month”.  Certainly the longer name of Marcheshvan is the one used in the Mishnah and in Talmudic texts, and the great rabbinic commentators Rashi, Ibn Ezra and Maimonides all give it this name, rather than the shorter Cheshvan.  And yet somewhere we lost that certainty and all sorts of traditions have grown up to explain why the month Cheshvan apparently has the prefix Mar. As I referred to earlier, the word can mean ‘bitter’ – leading to the idea that since this is a month with no celebrations at all, it is a bitter month. Others take the idea that Mar means a drop of water, and so see it as the word reminding us that in Cheshvan the rains must fall if we are to have good harvests and fill the aquifers, rivers and lakes in Israel. Yet others see it as a prefix denoting respect – we respect the beginning of our new lives post the festival marathon of Rosh Hashanah – Yom Kippur –Sukkot – Shemini Atzeret –Simchat Torah. Just as we want to live lives where we gain respect from others for our good actions, so we respect the month where we begin in earnest to live our ordinary lives as best we can.  There are many midrashim on the subject of MarCheshvan, and also about its other biblical name ‘Bul’, but this year something else struck me. The name Cheshvan written

חשון

Could come from the Hebrew root  חוש meaning “to make haste” or more likely from    חשה meaning “to be silent, or inactive”.

I have been thinking a lot about prayer recently, and about how we speak prayer and how we listen, how we actively seek connection with God and how we sometimes allow ourselves just to be, waiting through all the busyness and distractions of our lives for what in the First Book of Kings (19:12) is called  ק֖וֹל דְּמָמָ֥ה דַקָּֽה:

“The still small voice” or rather better – “the voice of slender silence”

Silence and contemplation can give great rewards in a prayer life. Time to reflect, to quieten the activity in our minds, to let go of all the “shoulds” and “musts” and imperatives of getting things done fast, no time wasted, hurry hurry hurry…..

The naming of Cheshvan seems to be a dissonance – the haste implied in one possible verbal root, the quietness and inaction in the other.

Add to that the water – bitter or otherwise – drip drip dripping into our consciousness, both life giving and life destroying – particularly when read in conjunction with parashat Noach, and Chesvan seems to be a deliberate puzzle. Are we to be still and hear the voice of God, are we to be active in God’s work? Are we to make haste or to make space and time?

Noah himself is a puzzle – he never speaks to God, he never speaks to the population whom he knows will be destroyed. He never argues for the living, nor warns them, nor engages with them in any way. Instead he makes haste to do what God has asked him. He is both silent and hasty, actively  creating the Ark, but entirely passive in the ethical or societal aspects of the narrative.

I have never felt comfortable with Noah. Even though this was my batmitzvah portion, I found the man himself unpleasant, I could not bring myself to identify with his story and this used to bother me a great deal.

Until this year when, like many other women across the world I found myself writing #metoo on my social media.

The idea was that “If everyone who has been sexually harassed or assaulted wrote “Me too.” as a status, we might give people a sense of the magnitude of the problem. Please copy/paste. #metoo”

The idea came about after the Harvey Weinstein exposure, to help provide support for victims, so they would know that they were not suffering alone in this, to try to prevent the backlash of victim blaming that rapidly appeared.

#metoo appeared all over the timelines of me and my friends and of men and women all over the world, and indeed the magnitude of the problem became clear for all to see. Many debates began – what counts as sexual assault? What counts as harassment? Were women being hypersensitive? Where were the men who didn’t seem to notice what was the everyday experience of so many women? Who were the men who were harassing women? How come the women had not spoken out before? What was the conspiracy of silence that allowed men to abuse their power over women, the open secrets that were simply not discussed?

And it hit me – the silence, the inactivity, which I often experience as a positive in my spiritual life suddenly had a different force – it became the silencing of the voices of victims, the inactivity surrounding the open secrets, the weapon of choice to enable the rich, powerful and protected to continue in their self-serving behaviour. It is the silence surrounding modern slavery and human trafficking when we buy clothes unrealistically cheaply, the real price paid by the factory workers who toil for long hours for very little reward. It is the silence surrounding the lack of a living wage for many people in this country, the silence surrounding the need for food banks and people who have to choose to be warm or to be fed – or even more stark choices around keeping a roof over their heads. It is the silence around domestic abuse and the routine and everyday harassment of women.  I could go on and on about what we keep silent about, not because we don’t know but because we don’t want to know and talking about it will make it more real to us.

Cheshvan is the eighth month of the year – symbolically seven plus one, completion plus one – it is the beginning again. In so many ways we are at the start of something where we can change the world if only we stopped our silence and made haste for justice. Noah is a salutary example – he kept his silence and the world drowned. Yes there was a new beginning, but that beginning was steeped in regret for a past that had not been resolved, merely suppressed and hidden in the depths.

Our voices do not have to be loud but they have to be heard. We need to speak out and we need to listen to the voices of those who have hidden their voices or whose voices have been suppressed by people more powerful than them.

Cheshvan is the time for us to challenge ourselves on when we are silent positively in order to hear the voice of God in the world, and when we stop being silent in order for God’s voice to speak out in the world. It is, we discover, the same voice. Beginning again doesn’t have to mean washing away the past as if it never existed; it means acknowledging the faults of the past and confronting them, working for change, creating a world which is better for our living in it. Last week we read of God asking Cain “where is your brother” and saying “the bloods of your brother are crying out to me from the ground”. Now as we reach Cheshvan and read the story of the generation of Noah it is time to hear the cries of those unjustly paying the price for the corruption of others more powerful than they, time to give the answer to Cain’s disingenuous response “am I my brother’s keeper?”

We are human beings, responsible for each other, responsible to care for each other, responsible for whistle-blowing improper behaviour, for calling out the power plays that make so many miserable.

As #metoo swept across social media, many protested that they did not know. We know now. And it is time to make haste, time  break the silence. A new beginning as we read about a new creation after the cleansing out of the corruption and abuses of power that had been tolerated for far too long.

 

 

 

 

Shofetim: authority cannot be taken it must be given, so stop the bullies and stand up for diversity in the Jewish world and beyond

“This parashah, more than any other in Deuteronomy, is concerned with what we would call authority: rightful action in a world full of wrongdoing; power that is right and not merely effective; rule by those who have a right to rule. A parade of authorities is delineated, starting with the word that opens the parashah and gives it its name—magistrates—and followed by officials, judges, priests, prophets, elders, kings, and, of course, the immediate and ultimate authors of the book who are the sources of its authority: Moses and God. We need authority desperately, the Torah teaches, because our very lives depend upon doing what is right—and that is difficult for us.” (Professor Arnold Eisen, chancellor, JTS. 2011)

I have been thinking about the whole idea of authority recently. Defined in dictionaries as being the ability to make decisions, to have power and control politically or administratively, to give orders and to enforce obedience, authority has a different meaning in Judaism – or at least it used to have.

Authority was always multifaceted – there were different groups who could wield only one part of the whole – the monarchy, the priesthood and the prophets all held authority, and in biblical times they kept each other in check.   The most dangerous of these was generally held to be the monarchy, God had not wanted the Jewish people to have a monarch at all, but acceded to the request in the book of Samuel after Samuel had warned the Israelites of how a king would exploit them if they insisted on having one but “Nevertheless the people refused to obey the voice of Samuel; and they said, ‘No, but we will have a king over us; that we also may be like all the nations; and that our king may judge us, and go out before us, and fight our battles’. (I Sam. 8:11-21).. and so began the unhappy monarchy of King Saul.

In Judges 9:7-21 we have the mashal of Jotam, a story that is sometimes told on Tu B’Shevat and reads a bit like a fairy story, but is in reality a biting allegory against monarchy:
Jotham, the youngest son of Gideon is the only one left alive after his older brother Abimelech has murdered all the other brothers and anointed himself as king. He escapes to Mount Gerizim, near Shechem and recounts the story of “the trees who went forth to anoint a king over them.”

The trees first ask the olive tree to be their king, but it refuses. “Should I give up my oil which honours God and people, in order to have power over trees?” The trees then ask the fig, and then the vine, both of which turn down the offer of sovereignty over the trees because they are already producing good fruits which honour God and people and each tree repeats the idea that they cannot do the good work they already do in producing fruits/oils/wines which benefit society at the same time as holding the monarchy.

Finally the trees ask the Atad – a bramble or thorn bush – to be their monarch  and this plant which produces nothing and has nothing to offer society except some shade, agrees to reign – and at the same time it issues a threat: ‘If you really want to anoint me sovereign over you, come and take refuge in my shade; but if not, then let fire come out of the Atad and consume the cedars of Lebanon!’ (Judges 9:15).

The Atad is a thorny tree, its shade is patchy, it has a wide ranging root system which drains the water and nourishment from the soil around it. It produces no fruits and has no benefits whatsoever to anyone else, though it is well adapted to survival in difficult terrain.

The allegory is clear in its context – the good people either do not want to be sovereign because they are already contributing greatly to society and this would suffer, or they see no point in acquiring a pointless status. The thorny unpleasant and selfish person/plant not only accepts the power with alacrity, but begins its reign with bullying and threats in order to keep the power.  Abimelech is the thorn in the context of the parable, but we see so many who take over power undeservedly or with bullying in our own world.

Leaving aside the current world political situation where leaders who are Atadim are grabbing power and manipulating and bullying others, I was thinking of our own Jewish world, where the mansplaining, the power grabbing over women’s bodies and voices, the conferences on women’s health or activities which are led by men, the advertising or even news stories where pictures of women have been edited out or the women completely disappeared – these are the Atadim grabbing power they should not have, and certainly there needs to be other power bases who can challenge and contain them, as in the biblical model of the three separate strands of authority.

Who will challenge them? There is “Flatbush Girl” who photoshops pictures from the frum community, there is the hashtag #frumwomenhavefaces ; there are Women of the Wall at the Kotel and there is attorney Batya Kahana-Dror—who petitioned the high court and is currently vying for the position of Rabbinical Courts director, and these all do good work. But where are the voices from the rest of the Jewish world? Where are the people challenging the Israeli Government demanding equality for all the citizens, male and female, Jewish and non-Jewish, as the declaration of Independence proclaims. Where are those people who can promote and defend a halachic system that is multifaceted and diverse?

The problem is with the word “authority” which has come to mean a singular, all powerful monopoly that cannot be challenged and that does not need to explain itself.

This is a modern phenomenon. Heck, even I am older than it, I can still remember the norm of rabbis being independent thinkers, of different regions having different and equally valid customs and practises, of vibrancy and creativity and innovation in the responsa literature. Now I meet people whose only approach is that that someone else told them the line they are taking and it cannot possibly be challenged.

Authority ultimately is seen as coming from God. We have in Talmud a series of blessings upon seeing leaders – In Berachot 58a we read :

The Rabbis taught: ‘On seeing sages of Israel one should say: “Blessed be the one who has imparted  wisdom to them that have awe of God.”

‘[On seeing] sages of other nations, one says: “Blessed be the one who has given wisdom to flesh and blood.”

‘On seeing kings of Israel, one says: “Blessed be the one who has imparted  glory to them that have awe of God.”

‘[On seeing] kings of other nations, one says: “Blessed be the one who has given glory to flesh and blood.”‘

It is clear from this that the wisdom and the glory that leaders have are divinely given, and in the context of Jewish leadership there is a relationship of awe and perspective between the human beings and God.   It is also clear that leadership exists in a number of different contexts and that different populations have different and valid leaderships. And it is abundantly clear that each leader must make of their leadership what they can, from their own skills, creativity and perceptions and that each is only a Jewish leader if they are not out for themselves but out to increase God in the world.

Sadly we seem increasingly in the orthodox world to have leaders who are more thorn bush than cedars, whose fruits are only about increasing their power and control over others and not about honouring God and people or about developing a thriving society where everyone can take part. Whether it be newspapers editing women’s faces (or whole selves) out of photographs, so that even Angela Merkel or Hillary Clinton have disappeared from recorded images, or adverts where apparently men only households eat the cereal or whatever is being advertised, or women being refused access to work positions, or women not being allowed to sing…… this is getting more and more ridiculous and the parable of Jotam increasingly relevant. We don’t need a centralised leadership in Judaism and up till now we have never had one. We don’t need the people who want to be powerful to take power over us – indeed we want them NOT to have access to the levers of power. And if we are stuck in a position like Yotam where it is happening anyway, then we must protest, we must raise our voices and say “not in my name” and most of all we must mistrust anyone who claims to have this authority and be clear that we are not about to cede it to them.

Authority ultimately must be consensus driven and agreed or it is bullying and oppression. And any threats from the Atad claiming their power or else there will be trouble must be faced and faced down.  We have history and authenticity on our side, let’s take our own authority too

#frumwomenhave faces #allwomenhavefaces #maleandfemalecreatedequal #halachahisdiverse

 

 

 

Parashat Shelach Lecha: The faith of women is overlooked and the result is catastrophic

וַיְדַבֵּ֥ר יְהוָֹ֖ה אֶל־מֹשֶׁ֥ה לֵּאמֹֽר: ב שְׁלַח־לְךָ֣ אֲנָשִׁ֗ים וְיָתֻ֨רוּ֙ אֶת־אֶ֣רֶץ כְּנַ֔עַן אֲשֶׁר־אֲנִ֥י נֹתֵ֖ן לִבְנֵ֣י יִשְׂרָאֵ֑ל אִ֣ישׁ אֶחָד֩ אִ֨ישׁ אֶחָ֜ד לְמַטֵּ֤ה אֲבֹתָיו֙ תִּשְׁלָ֔חוּ כֹּ֖ל נָשִׂ֥יא בָהֶֽם:

God tells Moses to send men to travel round the land of Canaan, which God is giving to the children of Israel – one man from each ancestral tribe, each one a leader.

So begins the tale of the spies, whose return from reconnoitering the land  bringing stories of the hopelessness of the enterprise led to the people to become so disheartened that the story of the Israelites entering their promised land may easily have ended right here.  Certainly it becomes clear that the people are not yet ready to take the next step, and a prolonged sojourn in the wilderness as a new generation grows and takes over is necessary.

At first sight it seems a bit of an own goal – God tells Moses to send the men, trusted leaders who are – as Rashi says, commenting on the use of the word “anashim” – important and also righteous.  And yet the failure of leadership – apart from the perspectives of Joshua and Caleb – is catastrophic for the generation of the exodus.

The traditional commentators are interested in this story, in what went so badly wrong that the trajectory of the narrative was skewed and the journey that should have taken a short time ended up being one that took forty years.

Clearly there is a problem with the spies. Firstly comes the question of “shelach lecha” – a phrase that sounds so close to the divine commandment to Abraham “lech lecha”, and yet unlike Abraham’s journey of trust in God and of his own spiritual and material growth, this journey seems to be the exact opposite.

The casual reader might assume that a military reconnoitre of the land God is giving would be simple good practise. After all, even though God says “I am giving the land to the Children of Israel”,  surely a back-up plan is sensible.   But the reader trained to read through the Jewish texts will see this differently.

“Shelach lecha” – send “for yourself” – this is not something that God needed Moses to do, it was something that Moses and the children of Israel needed to do. Unlike  “Lech lecha” – Go to/for yourself” this is not a journey of discovery of the self, it is a journey to allay the fears the self already has. It bespeaks a lack of trust in God. The midrashic traditions picks this up – sending the men is a demonstration of lack of faith in God, but there is a further question we must ask. God is telling Moses not to simply have faith, but saying “you can send if you must”.

In the retelling of the story in Deuteronomy (1:20-46) it becomes clear from Moses’ speech that the request to send men does not come from God but from the people.  Moses tells the story like this “Behold, the Eternal your God has set the land before you, go up and take possession of it as the Eternal, the God of your ancestors told you. Do not fear and do not be dismayed. And you came to me, all of you, and said “Let us send men before us so that they will look out the land for us and bring us word of the way by which we should go up, and the cities we will encounter. And it seemed a good idea to me, and I took twelve men of you, one man for every tribe….”

This now begs the question, if it seemed not unreasonable that the people might want to know more about the land, and God – while not requiring this – did not command against it, then who SHOULD have been sent up to see the lay of the land?

The clue lies in the context of the story. It takes place just after the story of Miriam and the Cushite woman, where Miriam seems to be punished for speaking falsely, for asserting her own importance at the expense of another, and for showing lack of respect for others. A lesson needs to be learned, the question is – who has learned it?

Fantastically Rabbi Shlomo Ephraim ben Aaron Luntschitz, (1550 – 1619) the scholar and poet and writer of his own Torah commentary (Kli Yekar) asks this question and answers it: Who should have been sent? The women!

He bases his opinion on a number of midrashic stories where it is the women who show themselves to have more faith than the men. They continue to have babies even when the Egyptian authorities try to murder their new-borns and their men refuse to have sexual relations with them. They protect their baby sons in this time. They refuse to give up their jewellery at first when the golden calf is created.  So when faith is really needed, it is the women who provide it.

The Kli Yekar notes that when the spies bring back their report of the difficulty of taking the land which is well protected and whose people look strong and powerful, the men revolt and want to return to Egypt.  In Chapter 14 the text is clear that while all the people wept, it was the men who said “why did God bring us to this land to fall by the sword, our wives and children will be prey, it would be better to return to Egypt. So they said to each other, let us appoint a leader and let us return to Egypt” (1:2-4). This establishes the lack of faith of the men for the Kli Yakar who goes on to compare this behaviour with that of the daughters of Zelophechad who specifically ask to be able to own the land of their father who had died without a male heir. For Rabbi Luntschitz this shows – along with all the other examples of women’s faith – that the faith of women is superior to that of the men, and hence if Moses had really wanted to send people on this errand that demonstrated a lack of complete faith in God, he should have sent women who would not have fallen so easily into the fearfulness and desire to return to Egypt rather than go forward into the land.

For the Kli Yekar Moses made a disastrous decision that was informed more by his prejudice about men’s roles and women’s roles and less by any empirical observation as to who had shown real faith in God.  Had Moses sent women to spy out the land (and it doesn’t seem to worry him that women might be functioning as army scouts, unlike some of today’s rabbonim) then they would have returned with the information and framed it in the same hopeful and faithful way that Joshua and Caleb did – it is a tough land to conquer but God is with us.

Add to this that the women have seen what happened to Miriam when she was banished with a skin complaint for her ungracious behaviour that had asserted her importance over the Cushite woman – they know that God is watching closely, that trusting in God is important.

But the men – Moses among them – are caught up with their own status. They are princes, they are leadership, they are important – they are anashim.  They have learned nothing, neither about God’s continued presence nor about humility and faith. Shelach lecha – it is all about them.  And when it fails, the answer is to find another leader from among their ranks and return to business as usual, go back to the safety of the slave routine of Egypt.

As the orthodox world continues to struggle with the role of women, perpetually trying to find ways to put us out of the public space and to assert the norms of the patriarchy, it is sobering to read the thoughts of one rabbi from the 16th century who recognised the need for women to come into the public space and be acknowledged for their own selves.

The Kli Yekar takes his name from the book of Proverbs 20:15 “Gold there is, and rubies in abundance, but lips that speak knowledge are a rare jewel”

He is indeed a rare jewel, he speaks from within the tradition and he speaks a deep truth. Almost all commentators agree that God did not want Moses to send anyone to scout out the land – it was an act of lack of faith. But if someone did have to go to reassure the people, send people whose faith you can trust in- and who better in this case than the people who have demonstrated again and again their trust in God and in a better future?  – The women of the exodus.

Parashat Emor: the priest and the prostitute or how a women’s sexual history is mysteriously powerful in the ritual system

The priesthood of ancient Israel was a complex and important part of the identity and formation of the people, and here in Emor we are continuing the narrative of priestly behaviour and purity, begun when Aaron and his four sons took on the role of hereditary priesthood back in the book of Exodus (chapter 28) and the special garments they were to wear were described in detail. The priesthood was a sanctified position, the role to minister to God and to carry out the rituals perfectly.

So Emor begins with instructions about how the priest may not render himself unfit for his role, and the phrase early in the chapter is curious  לֹ֥א יִטַּמָּ֖א בַּ֣עַל בְּעַמָּ֑יו לְהֵ֖חַלּֽוֹ:he shall not render himself impure as a chief among his people, and he shall not profane himself.  The impurity issue is clear – for a person approaching God he needs to be in a state of ritual purification – but the question of profanation (or defilement or pollution) is less so – how does it differ from the impurity of being tamei?

First we are told the priest is not to become tamei (ritually impure) by contact with a corpse, unless the dead person is a first degree relative (no wife is mentioned in the list, and the priest may only have contact with a sister if she is still virgin at the time of her death)

The priest must not make his head bald, nor shave the corners of their beard, nor in any way cut their flesh – presumably these are all practises of a non-Israelite priesthood to be avoided at all costs.

This is followed by another exhortation, this time cast in a more positive light

קְדשִׁ֤ים יִֽהְיוּ֙ לֵאלֹ֣הֵיהֶ֔ם וְלֹ֣א יְחַלְּל֔וּ שֵׁ֖ם אֱלֹֽהֵיהֶ֑ם כִּי֩ אֶת־אִשֵּׁ֨י יְהֹוָ֜ה לֶ֧חֶם אֱלֹֽהֵיהֶ֛ם הֵ֥ם מַקְרִיבִ֖ם וְהָ֥יוּ קֹֽדֶשׁ:

“They will be holy to their God, and they will not profane the name of their God, for the fire-offerings of God, bread of their God, they bring close (offer). And they will be holy” (21:6)

So far so explicable. The priest is to be holy, separate and distinct from the rest of the population. Their role is to offer to God, and they must be in a state of ritual purity in order to do so – failure to do exactly as required has already been demonstrated in the fate of Nadav and Avihu two of the sons of Aaron. This is dangerous territory, meticulous care must be taken in all one’s actions where one might contract ritual impurity or fall into the rituals of a different religious group.

But then we come to who the priest can marry, and the sexual history of the potential wife, or her past relationships  suddenly come into the category of being able to cause HIM to become defiled. And worse, the behaviour of his daughter, if it be seen to be licentious, will cause her to receive the death penalty by fire, because she has defiled her father.

אִשָּׁ֨ה זֹנָ֤ה וַֽחֲלָלָה֙ לֹ֣א יִקָּ֔חוּ וְאִשָּׁ֛ה גְּרוּשָׁ֥ה מֵֽאִישָׁ֖הּ לֹ֣א יִקָּ֑חוּ כִּֽי־קָדֹ֥שׁ ה֖וּא לֵֽאלֹהָֽיו: ח וְקִ֨דַּשְׁתּ֔וֹ כִּֽי־אֶת־לֶ֥חֶם אֱלֹהֶ֖יךָ ה֣וּא מַקְרִ֑יב קָדשׁ֙ יִֽהְיֶה־לָּ֔ךְ כִּ֣י קָד֔וֹשׁ אֲנִ֥י יְהוָֹ֖ה מְקַדִּשְׁכֶֽם: ט וּבַת֙ אִ֣ישׁ כֹּהֵ֔ן כִּ֥י תֵחֵ֖ל לִזְנ֑וֹת אֶת־אָבִ֨יהָ֙ הִ֣יא מְחַלֶּ֔לֶת בָּאֵ֖שׁ תִּשָּׂרֵֽף:

A woman who is a Zonah (prostitute) or a Challelah (defiled) was not to be taken in marriage, nor was a woman who had been sent away by her husband (divorced) because “he is holy to his God”.

And you shall make him Kadosh (sanctified/distinct) because the bread of your God he offers (brings close), he will be Kadosh to you, because I the Eternal am Kadosh and make you Kadosh.

And the daughter of a priest who defiles herself with prostitution, she defiles her father, she will be burned by fire”

Just how can it be that the previous actions of women with whom the priest might come into contact can defile him? Taken in conjunction with the requirement of a state of virginity of the dead sister for whom he is permitted to defile himself the text reads clearly that the sexual history of woman has a real and serious effect on the status and purity of the priest.

And yet prostitution was clearly a part of Israelite society and we have biblical stories that speak of it without passing any moral judgement. Be it Tamar with Judah, determined to get her son or Rahab who helped Joshua, the harlot in Gaza visited by Samson or the ‘backdrop’ of prostitution described in the book of Kings, Isaiah, Proverbs, Jeremiah, Hosea etc. Prostitutes were a known sector of society, disparaged but tolerated and most certainly used. Little snippets appear woven into the biblical text about the prositutes– both male and female. We see them bathing in public pools, playing their music in public places; they were seductive and bible warns against their charms. Possibly the most powerful story in late bible is that of Esther, given by her uncle Mordechai into the harem of the King and how many little Jewish girls are dressed as Esther at Purim, how few want to be Vashti!

The rules for the High Priest are even more strict – he can only marry a woman with NO previous sexual history. Whereas a widow is an acceptable wife for an ordinary priest, the wife of the High Priest must be a virgin. The biblical take on this is fascinating – he shall not profane his seed among his people.  Rabbinic commentators take this to mean the problem that arises should he contract an unsuitable marriage – to a widow or a divorcee – and subsequently have children who are ‘profane’, but I wonder if this is indeed the plain meaning of the text, or if there is not some sexual politics and fantastical belief system at play – that a woman who has had sexual relations with another man will in the following years still have something of that man within her that could contaminate later relationships.

The fear of a woman’s sexual history permeates this section of bible. The idea that a woman can defile the priest, not within the system of tamei/tahor with her menstrual fluids (which to be honest is bad enough) but within some other system of Chall’lah, of profaning or polluting or even just making ordinary and common and mundane, simply by having been intimate with another man, is deeply problematic. It bespeaks the ownership of a woman’s body, of the rights to have intimacy with her in a particularly controlling way, by linking it to the proper workings of a priesthood whose role is to ensure the continuing relationship between Israel and God. It diminishes also the relationships which were not transactional in the way prostitution is – the divorced woman, the abandoned wife, the widow – these are all in the category of defiling the priest even though their sexual activity may have been impeccably within the boundaries of sanctioned relationships.

And another issue is noticeable by its absence – the sexual history and activity of the priest himself. No ban is given here about the priest not frequenting prostitutes, no rules are given for his faithfulness or his expected standard of behaviour in order to keep himself ritually pure and appropriate for his work – only the woman’s behaviour is legislated for here as if only the woman’s sexual activity has bearing on the man’s ability to function as priest.  It seems to me to have less to do with the appropriateness to function as priest and much more to do with the need to control that most feared of activities- the sexual behaviour of women.

It is against halacha even today for a Cohen or Levi, a person whose family name and tradition speak of them being part of the hereditary priesthood, to intentionally marry a divorcee, although if they do so the marriage is valid ex post facto although the priestly status of the children will be diminished. Inevitably such couples arrive at the offices of non-orthodox rabbis, hoping for a chuppah and some semblance of Jewish blessing. For we progressive rabbis the status of someone claiming to be part of an unaltered and untainted biblical line descending directly from Aaron is at best safek in doubt, and anyway the special status of the Cohanim is no longer relevant, we no longer wish for a return to the Temple and its ritual structures, and therefore maintaining some notional and doubtful purity to facilitate some outdated religious system which has long been superseded by prayer and mitzvot is a stringency we are unlikely to want to defend.

But to add to that the realisation that the woman is judged to be defiling to the man simply because she has been sexually active – makes the whole structure indefensible. When we look at the text and see that the stated aim – again and again – is holiness for the people just as God is holy, then we surely cannot allow these verses and their implications to stand unchallenged. The classical commentators have tried their best, limiting the definitions of zonah and chall’lah to women who either engaged in illicit relations or who were the product of them, but this is not the plain meaning of the text and it leaves unchallenged the unpalatable position that women defile men through sexual activity that has nothing to do with those men.

As increasingly women are finding ourselves the object of fundamentalist ‘religious’ statements, sexualised and objectified and curtailed and forcibly hidden from the public sphere, it is time to go back to the source of some of this activity and expose it for what it is – in this case the real fear the priesthood had that any ritual impurity might impede the communication between people and God – or might prove fatal to the priest involved, has been diverted to cement the ownership of women’s bodies, sexuality and sexual activity firmly in the sphere of men’s power. Enough is enough – the various prostitutes going about their business in bible should remind us that people’s sexual activities have no bearing on their value in society and we are not expected nor entitled to make judgements. And even if we believe ourselves to be part of the priesthood and expect to one day step up to that role – all well and fine, but let’s leave it till the days of the third temple and the judgment of the messianic age, and until then leave people’s personal relationships and sexual pasts where they belong – in the private and personal sphere of each individual man and woman.