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Naming the Daughters of Zalophechad

A few weeks ago, Jews around the world read from Parshat Pinchas, the section in the Torah (Five Books of Moses) from BaMidbar (Numbers) 25:10 to 30:1. Within this section, at the beginning of chapter 27, is the story of five women: Machlah, Noah, Chaglah, Milkah, and Tirtzah. They approach Moses with a petition,

“Our father died in the desert…and he had no sons. Why should our father’s name vanish from within his family’s, because he had no sons? Give us a portion from that of our father’s brothers.”*

The prior rule in the Torah is that land can only be in the possession of men. Women cannot inherit land from their husbands or fathers. But, if a father has no sons, his portion of land passes out of his family’s possession. Machlah, Noah, Chaglah, Milkah, and Tirtzah challenge this law, and succeed. Moses approaches God, and God says that the women are in the right. They will inherit their father’s land, though they must marry within their tribe, so that the land doesn’t pass to a different tribe. Because, hey, this is still earlier than at least 450 BCE, and their children will inherit the tribe of their father. Furthermore, they set a precedent for future inheritance law.

There’s a lot of discussion among Jewish commentators surrounding these five women. And, almost always, they’re referred to as the Daughters of Zalophechad, by their father’s name. Which, as my rabbi pointed out, is kind of weird. Because they’re some of the few women who are explicitly named in the Torah. Despite having the honor of God, Godself, actually granting their request, their names are essentially erased, to the point where I, a self-proclaimed Jewish feminist, had to actually look it up (for the record, I totally remembered Milkah, because it’s an awesome name).

This shit happens a lot in Jewish commentaries. Women are erased. Exemptions for women turn into prohibitions. Restrictive laws for men fall out of practice but become more stringent for women. And it’s crap.

Enter feminist Judaism. At my egalitarian synagogue, we spent some time learning about these women, instead of the man for whom the Torah portion is named. Feminist Judaism calls for scrutiny of restrictions for women, to evaluate if they’re actually true to the tradition and the Law. Feminist Judaism calls for reinterpretation, in light of current realities and knowledge of gender.

For me, my feminism and my Judaism have always traveled hand in hand, probably because Judaism is chock full of calls for justice and compassion. Sometimes it’s a struggle. I’ve been told that I’m endangering my soul. Or that I’m worse for Judaism than Hitler. People can be really hateful and resistant to change. But I’ve also represented my community on Rosh Hashanah, as I’ve led prayers for forgiveness and renewal. I’ve wrestled with texts while trying to define a feminist Jewish marriage, something that the greater Jewish community is very much struggling with. After learning the laws of niddah, and wrestling with the often-misogynist interpretations of those laws, I have reclaimed the time of separation and the mikvah as space to look within and spend time on myself, as an individual, rather than half of a married couple.

It’s difficult work, sometimes. But, in the end, it brings me joy. It brings me community. It connects me to my family, my ancestors, the greater Jewish people. It’s a gratifying “fuck you” to everyone who would see my culture destroyed, to Pogroms, to the Inquisition, to the Romans, to assimilation. And, of course, I believe in God, and through my feminist Judaism I feel greater spirituality and connection with haShem**. So, for me at least, the struggle is worth it.

*My translation. I removed a bit about the conditions of Zalophechad’s death, for clarity.
** Literally, the Name.


46 thoughts on Naming the Daughters of Zalophechad

  1. I’ve always loved that story. As far as silence and women’s history, have you checked out “The 5 Books of Miriam”?

    Here’s something I struggle with–you say “Feminist Judaism calls for scrutiny of restrictions for women, to evaluate if they’re actually true to the tradition and the Law. ”

    What happens when these restrictions are true to tradition and the Law? What about when Western, liberal feminism seems to be in direct conflict with traditional practice? The knot of the problem for me is that sometimes, there *is* no redeeming ra-ra feminist story to hang your hat on.

    I think the most pressing examples would be the agunah, modesty, tzinnut, and some of the customs around niddah/mikveh. As far as mikveh, there’s some great reclamation work going on in liberal Judaism (Anita Diamant & Mayyim Hayyim in Boston, for example) –but if we’re being honest, it’s picking and choosing which parts of tradition to follow based on a set of liberal Western ideals. Are we ok with that? To what extent and why?

    I’ve always leaned heavily on the idea that Judaism is meant to adapt and change with time; nonetheless, I still feel a deep sense of unease with the wholesale re-writing of tradition in the most liberal branches of Judaism. Never been sure how to reconcile the two.

    And I haven’t even poked at secular feminist Jewish identities yet. Agh!

  2. o_O!

    I haven’t even read it yet, I just have to tell you how happy it made me to see the Daughters of Zalophechad in the title of a blog post. Very!

    (Now to read…!)

  3. The Torah is, as I understand it, believed by many to be a literally divine text revealed to the prophet Moses – the word of god, essentially.

    There are a lot of passages in there that can be interpreted in different ways, translated into new contexts, reworked, etc. It’s interesting stuff, and it seems to have created a tradition of dialogue within parts of Judaism.

    What I’ve never quite followed, though, is what happens, when you have the rules that just….don’t fit in the modern world. Old punishments for ritual violations, etc.

    Does the tradition just kind of write them off?

  4. chava:
    I’ve always loved that story.As far as silence and women’s history, have you checked out “The 5 Books of Miriam”?

    Here’s something I struggle with–you say “Feminist Judaism calls for scrutiny of restrictions for women, to evaluate if they’re actually true to the tradition and the Law. ”

    Sorry, didn’t mean to literally ask the same question as you! And not really as well, either….

  5. If you’re talking about things like stoning and animal sacrifice, the technical explanation is that you can’t do it in the absence of the temple and the sanhedrin. The probable reason is that Rabbinic Judaism is v. different from (ancient) Priestly/Temple Judaism and the rabbis had an interest in keeping it that way.

    DP:

    Does the tradition just kind of write them off?

  6. This is always the struggle isn’t it? How do we live our lives as honest, ethical people, true to our selves and our Creator, and reconcile our need for continuity with the past with our need to move beyond old, destructive error?

    I don’t think this can ever be “resolved” — we are all of us, all humans, the product of all that went before us, and just as we find precarious balance, we’ll get thrown off again — but I do think that it’s the effort that matters the most.

    We’re not required to complete the task, but neither are we free to desist, as the wise old man once said.

  7. PS I was interested to see your take on mikveh — I’ve never been able to get past the misogynistic overtones, and just threw that entire tradition out with the bath water, so to speak. But I wear a scarf (not a kipa) when I daven, and have no problem with the fact that I don’t even know if I’m doing it because I’m an adult Jew and thus am required by halacha to cover my head, or because I’m a married Jewish woman and custom dictates that I must mark myself as such. We all find our own comfort zones, our own way through the thicket, I suppose!

  8. What I’m about to say is lifted from somewhere, but I can’t remember where I read it. Anyway, the thing that is interesting about this story is that the mechanism for change that it lays out is actually very simple and straightforward. The daughters point out that something isn’t fair, and it gets changed. And I apologize because I don’t have the text in front of me, but I think there are two changes that occur and the first time Moses goes to God and God tells him to make the change, but the second time, Moses just changes it.

    And …. I’m not a Talmudic scholar, but … there are all sorts of very creative interpretations that go on to change things that the rabbis of that era didn’t like. We have all the horrific physical punishments of the Torah, and then the rabbis for all intents and purposes make it impossible to apply the death penalty.

    So the reason I bring this up is that there is precedence within the tradition for changing things that feel wrong to future generations. We now have a halachic process that is more codified than it was then, and I understand why people who are religious in a certain way don’t want to just toss it. At the same time, I think there is more opportunity even within that tradition to change things than is acknowledged by some people.

    Who said, “Where there is a halachic will, there is a halachic way”?

  9. Fail! I meant to put a slash between tzinnus/modesty, as they are, in fact, roughly the same thing. Phooey.
    Also, I STRONGLY second the difficulties of negotiating a feminist Jewish marriage–especially an LGBT one. In fact, let’s just throw the whole Jewish obsession with the nuclear family into the mix, there, shall we?

    chava:

    I think the most pressing examples would be the agunah, modesty, tzinnut, and some of the customs around niddah/mikveh.

  10. chava: What happens when these restrictions are true to tradition and the Law? What about when Western, liberal feminism seems to be in direct conflict with traditional practice? The knot of the problem for me is that sometimes, there *is* no redeeming ra-ra feminist story to hang your hat on.

    For sure, and it’s incredibly difficult. It’s something I think about a lot, as a queer Jew. Though, in many ways, it’s so much easier for me to deal with that, as a woman, since the rabbinic arguments against women sleeping with women are really handwavey. But, as Blu Greenberg said, “Where there’s a rabbinic will, there’s a halachic way.” And, though some have accused her of heresy for that statement, I think it holds true in the rabbinic literature. To be honest, I think a big reason why the agunah issue hasn’t made more headway is because rabbis fail to see it as an important enough issue, which is sick. And much of tzniut has become incredibly stringent over the past 100 years. A lot of this stuff is actually quite new, but it being passed off as somehow more authentic.

    Emily- It’s really interesting to me that you find more issue with mikvah than with head covering, because I find the latter to be more troubling. With niddah, the verses in the Torah draw a parallel with ritual impurity (a crappy translation, but whatever) for men. For various reasons that I do find misogynist, restrictions for men have gone out of practice, while niddah remains, and is in fact stricter than proscribed in the Torah. About 5 years ago, the Conservative Rabbinical Assembly actually published three responsa on niddah, coming from an egalitarian perspective. They’re quite an interesting read, though they’re pretty technical. Rabbi Miriam Berkowitz also has an awesome book called “Taking the Plunge.”

    Head covering makes me uncomfortable, because it all basically stems from a verse in the description of the Sotah ritual, which is a whole other kettle of fish, if we’re talking about troubling passages in the Torah. That said, I cover my head all the time, though I make a distinction between covering my head and covering my hair, if that makes sense.

    But, I think that that’s ultimately the strength of rabbinic Judaism, that there is a living text and living interpretation. The Oral Law was never meant to be written down, and I think precisely for this reason. Once something is written it is BINDING and CODIFIED. Going back to Torah as word of God, I think that’s a possibility for WHY the Torah is so confusing and isn’t straightforward. It’s meant to leave room for interpretation and for the interpretation to evolve. (Can you tell that I’m a Conservative Jew?)

    Ugh, I’m really trying to keep this conversation relatively accessible, but I get the feeling that I’m failing, so if you’re unfamiliar with any terms or concepts, please please please don’t be afraid to ask.

  11. Coming from a modern orthodox perspective, it seems to me that there’s two aspects of Judaism, the religious and the cultural. These two things mix and swirl together a whole lot, but I see a feminist approach to Judaism as having to be cultural. With a religious approach, one is using the tenets of Judaism (whichever ones they are) to inform the rest of one’s life. There is no higher authority that can inform one’s Judaism because Judaism is the highest authority in one’s mind.

    On the other hand, if we are committed to western ideals more than religious Jewish ideals, then our Judaism is informed by the separate beliefs that we have regarding social justice and feminism. And at that point our Judaism becomes cultural, because we are no longer committing completely to following whatever version of Judaism we choose. We will adapt and change our practices according to our whims and non-religious beliefs.

    Once you’ve decided that you have the authority to change whatever aspect of your Jewish practice you like, it all just comes down to personal choice and how you feel about any given thing. The extent to which you violate the sensibilities of the community around you is the extent to which you will lose that community.

    I guess my point is that you can practice Judaism however you want if you see it as a part of your culture, but if you pick and choose what you’d like to do then you’re not going to have any consistency in your theology.

    Just for the record, I attended an Orthodox Jewish private school for 13 years, but now do not practice much or hold any religious beliefs.

  12. DoublyLinkedLists: With a religious approach, one is using the tenets of Judaism (whichever ones they are) to inform the rest of one’s life. There is no higher authority that can inform one’s Judaism because Judaism is the highest authority in one’s mind.

    On the other hand, if we are committed to western ideals more than religious Jewish ideals, then our Judaism is informed by the separate beliefs that we have regarding social justice and feminism.

    This dichotomy is set up a lot in contemporary discussion of Judaism, but I think it’s a false one. I heard Prof. Tova Hartman speak a bit about this at a JOFA conference a few years ago, and I’m so not going to do her justice. But, basically, some of our strongest Jewish voices have also had strong secular lives. Rambam (Maimonedes) wrote a lot about rationality, which is not a clear Jewish value, but probably came from the non-Jewish world he was living in. Still, Rambam is considered one of the most learned commentators on the Torah and Jewish law.

    I think it’s a tricky balance, and, if we’re coming from a religious perspective, then we certainly have to evaluate whether secular values are in line with our Jewish ones. But, if we decide that they are, the tricky part is figuring out how to proceed from there. If a kind of feminism fits into Judaism, and I think that it does, along with social justice as a whole, where do we go from there? That’s the question that I’m trying to address in this post.

  13. Yeah but for feminism to fit into Judaism, you have to cut out whole portions of the Torah and whole portions of the Talmud that are misogynistic, homophobic, racist, ableist, and just plain violent. For every story of female empowerment, there are fifty stories of some righteous dude killing a bunch of sinful people because they had sex in the wrong way or worshipped the wrong God. The message of violence and dominance is highlighted a lot better and a lot more strongly in the Torah than the message of tolerance or equality.

  14. Tznius (modesty) can be done as a feminist practise. I have done it in the past and do not rule out the possibility that I will do it again some day–and I never stopped being a feminist. For a while I ran a feminist-oriented modest style community on LJ that absolutely forbade slut-shaming (we would ban if you ignored warnings) but I am no longer part of it. The fundamentalist Christians in the group became more and more vocal and there was a dustup–the other mods felt I leaned too hard on them, I guess, but the problem is that the fundamentalist Christian line on modesty is really very different from the Jewish and Islamic lines. They will often tell you that they dress in a certain way or cover their heads to show submission to their husbands and frequently have an attitude that they and other women are responsible for the reactions of men to the way that they dress that caused a lot of tension, because observant Jewish women who want to do this mitzvah do not do this mitzvah as a sign of obedience to any man, only G-d. The Islamic women in the community seemed to feel similarly, as did the plain ones, and there also were a number of non-religious women who were opting out of the male gaze or of “fashion” entirely–along with a lot of very fashionable women who wanted to do the trends without showing skin. None of these people appreciated the slut-shaming or the attitude that men shouldn’t also watch how they dress. (The argument that got me in trouble with the fundamentalists the last time was my insistence that dressing a ten-year-old in a “porn star” t-shirt or a t-shirt with sexualised imagery is gross, but no grosser than dressing a ten-year-old in a t-shirt with violent provocative imagery or a t-shirt that proclaims him to be a warrior/killer/whatever.)

    When you think about what’s expected from professional men and professional women in terms of dress, it’s always seemed really galling to me that full professional dress for men involves complete body coverage whereas full professional dress for women mandates exposure–in the office, knee length skirts are definitely given preference over ankle length (although knee length fulfils the mitzvah if coverage of the knee is complete). Modern Orthodox rabbis don’t always consider pants that cover the knee immodest either, particularly in jobs where wearing a skirt is neither safe nor practical.

    Furthermore, coverage of the elbows and knees is also expected of men. When my best friend got her get, the Orthodox rabbi on the beit din hissed and glared at her ex when he tried to roll up his sleeves! Men are expected to cover their heads, though of course, not all of their hair (which imnsho is one of the harder parts of tznius to negotiate in our society, since scarves and full coverage hats draw attention, but whether a wig defeats the point or is more modest than a hat or scarf has long been a point of argument between communities and individuals).

    Tznius (like hijab) can certainly be used to oppress women when enforced from outside and when women are not allowed to make their own choices about it. At the same time, the entitlement men feel to look at women in their offices and schools is brought sharply into focus when you cover your legs and arms or maybe even your hair and you tell people that this is because you choose not to share those things with strangers and casual acquaintances, but reserve them for intimates–whether that’s a husband and family members in a traditional marriage and family, or lovers and close friends and family of choice. I find it just as disturbing that men think they have a RIGHT to see your hair if you’re attractive (often, I heard the view expressed that it was OK if fat, ugly or old women were modest) as I do that some people think hair is obscene.

  15. DoublyLinkedLists: The message of violence and dominance is highlighted a lot better and a lot more strongly in the Torah than the message of tolerance or equality.

    That’s where I’m not sure I agree with you. There are definitely messages of violence and dominance, and I think it’s really important to view the Torah within the context of its time. I don’t think a doctrine of pacifism and complete equality for women is in line with people of that time would have accepted or believed. So I think the Torah takes small steps forward. You have to care for widows and orphans. You have to have a fund for your poor. You can’t just have sex with your wife whenever the hell you want, whether or not she’s interested. Rape is not acceptable. And then it is the job of future generations (like, for instance, the daughters of Zalophechad) to expand upon those values. Hence things like the prohibition of polygamy and capital punishment. Or the creation of bat mitzvah. Or women wearing tefillin.

    That said, I think it’s understandable to not want to fight for that reclamation. There is so much that’s troubling in Jewish tradition, that I completely understand the desire to chuck it all and just be a cultural Jew. Or not a Jew at all. Though, that last one in particular makes me really sad.

  16. Shoshie: That’s where I’m not sure I agree with you.There are definitely messages of violence and dominance, and I think it’s really important to view the Torah within the context of its time.I don’t think a doctrine of pacifism and complete equality for women is in line with people of that time would have accepted or believed.So I think the Torah takes small steps forward.You have to care for widows and orphans.You have to have a fund for your poor.You can’t just have sex with your wife whenever the hell you want, whether or not she’s interested.Rape is not acceptable.And then it is the job of future generations (like, for instance, the daughters of Zalophechad) to expand upon those values.Hence things like the prohibition of polygamy and capital punishment.Or the creation of bat mitzvah.Or women wearing tefillin.

    That said, I think it’s understandable to not want to fight for that reclamation.There is so much that’s troubling in Jewish tradition, that I completely understand the desire to chuck it all and just be a cultural Jew.Or not a Jew at all.Though, that last one in particular makes me really sad.

    This is where I’m puzzled, though. Why would the context of the time matter to god? Does god evolve his (her?) demands on his people according to the prevailing milieu, maybe so they can survive or something? It’s confusing…

  17. Show me a torah passage and I will show you eight ways to interpret it that teach tolerance and equality. Where there’s a hermenutic will, there’s a way. Whether you can fit torah min sinai into your belief system is another question entirely.

    That said, I do think grappling with the Torah as a text that is on a literal level incredibly violent, homophobic, you name it–is important, even redemptive, work.

    DoublyLinkedLists:
    Yeah but for feminism to fit into Judaism, you have to cut out whole portions of the Torah and whole portions of the Talmud that are misogynistic, homophobic, racist, ableist, and just plain violent. For every story of female empowerment, there are fifty stories of some righteous dude killing a bunch of sinful people because they had sex in the wrong way or worshipped the wrong God. The message of violence and dominance is highlighted a lot better and a lot more strongly in the Torah than the message of tolerance or equality.

  18. DP: Why would the context of the time matter to god? Does god evolve his (her?) demands on his people according to the prevailing milieu, maybe so they can survive or something?

    In my eyes at least, though I’m no rabbi, I think this is it exactly. There’s this concept of meeting people where they are, b’asher hu sham. And, at least in my theology, that’s what the Torah is. Meeting the ancient Israelite where they were. And rabbinic Judaism is the acknowledgment that that may not be where we are right now. I think that’s where feminism can fit in, is through feminist rabbinic interpretation, meeting us where we are. I agree that this stuff is super hard, though.

  19. DoublyLinkedLists: Yeah but for feminism to fit into Judaism, you have to cut out whole portions of the Torah and whole portions of the Talmud that are misogynistic, homophobic, racist, ableist, and just plain violent. For every story of female empowerment, there are fifty stories of some righteous dude killing a bunch of sinful people because they had sex in the wrong way or worshipped the wrong God. The message of violence and dominance is highlighted a lot better and a lot more strongly in the Torah than the message of tolerance or equality.

    I’m not sure how this makes Judaism different from any other religion with scriptures and laws and mythology (not in the sense of being false, but in the sense of religious stories and parables) that go back further than a hundred years. No matter how pure and compassionate G-d’s messages to us are, they go through human brains and those human brains are stuck in the time and place that they are stuck in.

    In Judaism, though, is that we’re not meant to take things literally–that’s called “the Kairite heresy”. (I know you’re Modern Orthodox and already know this–but the other people who are reading this won’t all know it, so please bear with me here.)

    G-d gets a lot of bad press from Christians who call Torah “the Old Testament” and say that it and the rest of “the Bible” are to be taken literally and are meant to be enforced upon the whole world, rather than being a set of tribal laws which are studied, argued about, added to, fenced about so that people don’t get the wrong idea, padded so that they don’t hurt people as much as they could, and even re-interpreted. Of course this sets up their god as being cold and cruel and mean and lets Jesus be the one to fix everything, making us look pretty stupid and mean for not accepting how awesome and loving and forgiving Jesus is.

    (If people tried to do this with the religion of an oppressed, colonised tribal society today, everyone would scream “cultural appropriation” and it would be treated as the atrocity it is. But we all grew up with it so it’s accepted, and people sometimes think I’m a big nasty meanie or someone who was tortured by fundamentalist Christians just because I bring it up.)

    That passage in Vayikra (Leviticus) that fundamentalist Christians like to say calls for the death penalty for homosexuality does no such thing, for example. First, it’s not meant to be a law for non-Jews; second, the penalty is arguably spiritual rather than literal; and third, there are multiple interpretations of what is actually being prohibited there in the original language, and they range from “homosexuality” to “anal sex” to “male-male rape”. The majority of extant interpretations are homophobic, but the fact that we don’t have to stick with those is a good thing. I think that the fact that we have a long and honourable tradition of debate, dissent and discussion of these issues is a point in our favour. “Biblical literalism” in the 21st century is beyond my comprehension.

  20. Tiferet: there are multiple interpretations of what is actually being prohibited there in the original language, and they range from “homosexuality” to “anal sex” to “male-male rape”.

    My favorite interpretation (favorite as in the one I find most amusing, not the one I think is necessarily correct, ’cause my Biblical Hebrew is so not up to that challenge) is that a husband should not have sex with another person in the bed he shares with his wife.

  21. As far as modesty–

    Ugh, I don’t know. I thought about trying it and it just made my skin crawl. There’s nothing dirty or heretical about my shoulders, my hair, or my ankles–or for that matter, my breasts when breastfeeding in shul–and I refuse to dress as if there were. I hate going to services and feeling that I should cover my shoulders HATE hate.

    Each time we concede to covering up just a bit more, another normal part of our body gets unnecessarily eroticized. I’m just not sure how to reclaim this one, honestly. Maybe we’re doing it “for ourselves”–but how will anyone know that? Aren’t we then enforcing the standard on other women in our community by default?

  22. Tova Hartman aside (okay, she sounds awesome, but I don’t know who she is), one simply need to back to good ol’ Mordy Kaplan to deconstruct the culture/religion binary. Judaism is defined by the community–if the community wants to reject parts of the Talmud, then they’re still Jews who still practice Judaism. And even before Kaplan, Rav S.R. Hirsch was quoting Schiller all up in his drashes. Talk about western culture!

  23. Well here you go Chava:
    All from Leviticus 21:

    9: “And the daughter of any priest, if she profane herself by playing the harlot, she profaneth her father: she shall be burnt with fire.”

    17-20: “Speak unto Aaron, saying: Whosoever he be of thy seed throughout their generations that hath a blemish, let him not approach to offer the bread of his God. For whatsoever man he be that hath a blemish, he shall not approach: a blind man, or a lame, or he that hath any thing maimed, or anything too long, or a man that is broken-footed, or broken-handed, or crook-backed, or a dwarf, or that hath his eye overspread, or is scabbed, or scurvy, or hath his stones crushed;”

    Supposedly God said these things directly to Moses.

    Source: http://www.mechon-mamre.org/p/pt/pt0321.htm

    chava:
    Show me a torah passage and I will show you eight ways to interpret it that teach tolerance and equality.Where there’s a hermenutic will, there’s a way.Whether you can fit torah min sinai into your belief system is another question entirely.

    That said, I do think grappling with the Torah as a text that is on a literal level incredibly violent, homophobic, you name it–is important, even redemptive, work.

  24. To give you an actual answer, I’d have to look at the text around it and the Hebrew–neither of which I have the time to do at the moment. That said, this is how I usually approach Leviticus:

    http://friedeggplant.wordpress.com/2011/08/02/temporary-jew-thoughts/

    DoublyLinkedLists:
    Well here you go Chava:
    All from Leviticus 21:

    9: “And the daughter of any priest, if she profane herself by playing the harlot, she profaneth her father: she shall be burnt with fire.”

    17-20: “Speak unto Aaron, saying: Whosoever he be of thy seed throughout their generations that hath a blemish, let him not approach to offer the bread of his God. For whatsoever man he be that hath a blemish, he shall not approach: a blind man, or a lame, or he that hath any thing maimed, or anything too long, or a man that is broken-footed, or broken-handed, or crook-backed, or a dwarf, or that hath his eye overspread, or is scabbed, or scurvy, or hath his stones crushed;”

    Supposedly God said these things directly to Moses.

    Source: http://www.mechon-mamre.org/p/pt/pt0321.htm

  25. Chingona, while the rabbis made it all but impossible to apply the death penalty, they didn’t make it “impossible.” Batei din did over the millennia sometimes find that a case met all the hurdles and jumped through all the hoops and merited capital punishment. There are a couple of references to this in the responsa literature from the Iberian peninsula in the 13th and 14th centuries, for example.

    But that actually shows how the mechanism for halakhic change works. You can’t just outright say “oh, no, we don’t do that any longer.” But you can say (if you are a rabbinic scholar others are going to follow or a rabbinic council with authority over a wider circle of rabbis) “we do this only in certain circumstances, and we derive the applicable circumstances from these texts, these Talmudic reflections, these commentaries, these responsa.” Over time, the restrictions can be tightened even more, or loosened back, based on the same sorts of authority. After a long time, if the restrictions are kept up and the thing isn’t done, the understanding may well become “we don’t do that,” but the change in behavior has rarely been legislated all at once.

    DP, this also gets to your question of whether divine demands change over time. They probably haven’t changed, but our human understanding of what they mean has changed a lot.

  26. nm: But that actually shows how the mechanism for halakhic change works. You can’t just outright say “oh, no, we don’t do that any longer.” But you can say (if you are a rabbinic scholar others are going to follow or a rabbinic council with authority over a wider circle of rabbis) “we do this only in certain circumstances, and we derive the applicable circumstances from these texts, these Talmudic reflections, these commentaries, these responsa.” Over time, the restrictions can be tightened even more, or loosened back, based on the same sorts of authority. After a long time, if the restrictions are kept up and the thing isn’t done, the understanding may well become “we don’t do that,” but the change in behavior has rarely been legislated all at once.

    I was rather quick and casual in my initial comment, but yeah, I understand that that’s how the halachic process works. (But thanks for raising that rather important distinction about the death penalty.)

    My point was that the portion that Shoshie writes about here does depict change happening very quickly, and I think that’s interesting in a context of questioning whether it’s possible to change long-standing practices or interpretations. I certainly don’t expect Orthodox rabbis to wake up tomorrow and change the status of agunot or gay male couples, but neither am I persuaded that there is simply nothing they can do because the halacha is the halacha.

  27. But why would an Orthodox Rabbi want to find a way to change any of these things? To him, there is no other set of principles that he would use as a guide for changing Halacha. There’s no motivation for him to find a way to “legalize” gay marriage because his motivation is supposed to be rooted in halacha. We see a benefit to trying to change halacha to accomodate our liberal values because we see these values of social justice as equally or more important to the values expressed in modern halacha.

    chingona: I was rather quick and casual in my initial comment, but yeah, I understand that that’s how the halachic process works. (But thanks for raising that rather important distinction about the death penalty.)

    My point was that the portion that Shoshie writes about here does depict change happening very quickly, and I think that’s interesting in a context of questioning whether it’s possible to change long-standing practices or interpretations. I certainly don’t expect Orthodox rabbis to wake up tomorrow and change the status of agunot or gay male couples, but neither am I persuaded that there is simply nothing they can do because the halacha is the halacha.

  28. Do any of you have any input on the concept of mesira, and how it should be approached in the world?

    Some very disturbing cases have been coming out of haredi/hasidic communities, usually involving sexual abuse, where people are being told “Always ask your Rav first before going to secular authorities” This has happened in my country and is happening in the US, Canada, Australia etc. What happens is that batei dinim are telling child molesters and rapists to do teshuvah, and are then excluding the victims and their families for being mosers. People have said that they’re fearful of reporting that their child has been abused, because it might harm the child’s chance of a future good shidduch.

    Also – how do some of you feel about the concept that goyim are lesser, are essentially talking animals, do not have the same special souls as yidden, and only exist to serve when Moshiach comes? Do you feel that this attitude contributes to not only fear of goyim, but the attitude that it’s ok to cheat on welfare applications, or commit financial fraud, against non-jews?

  29. Oh, and a fun one – how do you feel about shpitzlach and palm stockings? Modesty or head/body armour? 😀

    My cousin wears a wig+tichel (her heads shaved), and has decided to switch to a shpitzle as it is “more tzniut”. Have you seen how expensive those things are? IMO it’s taking the requirement too far. I’m wondering when she’ll break out the shalit, the current fad in certain neighborhoods in EY (google Rabbanit Keren or frumka)

    Sadly her chumrot are at the urging of her husband, our minhag was much less extreme. Frei-ing out saved my sanity I think, I don’t think my cousin will bear up under all these extra stringencies TBH.

  30. Let me get this right Frei at Last, you are asking questions specifically relating to extreme Charedi sects, which work on an extreme and, many other Charedi communities would say errorneous, interpretation of Halacha and this is relevant how exactly?

    In fact, you say that your cousin’s mechutanisteh are more into rigid chumros than your own family – indicating that it is a matter of interpretation and tradition. Leading back right to the OP, that textual analysis is the key place to start with Judaism and its actual prescriptions or not.

  31. Interesting post.

    I’m a cultural Jew, so I don’t struggle with the same religious and spiritual negotiations with feminism as religious Jews might. (I do remember being a kid and feeling very sulky because my male Lubavitcher companions would dance around the table after a Seder while the women and girls cleaned up.) But I do struggle to reconcile my cultural Judaism with my “feminist” (in quotes because I don’t identify as a feminist) beliefs regarding the role of Israel in Judaism, and (what I personally believe is) the oppression of Palestinians by Israel. Part of me feels like I need to boycott my Judaism itself because of my condemnation of Israel’s actions, which is frustrating because I feel like that nation should have nothing to do with me.

    By the way, regarding niddah, I once chatted with an Ashninaabe (indigenous tribe) male who said that in his community, women are not supposed to take part in ceremony during their periods – and his interpretation is that it’s not because they are dirty or impure (and he despaired a bit that some members of his community held this interpretation) but rather because they are so spiritually powerful during menstruation that it would throw off the men’s ceremony. Of course, a lot of traditional indigenous cultures were and are quite progressive so I think they have a lot to work with.

  32. Just logging in to express how happy I am to see discussions of religious feminism on this site. There are concurrent movements in evangelical Christianity and in Islam. Evangelical Christianity doesn’t really have the equivalent of a religious law (though its cultural mores often carry the same weight) but Islamic law features of the concept of ijtihad, or innovative legal reasoning. I volunteer with a group (www.feminijtihad.com) that provides research on the subject to Muslim women activists. The application of ijtihad provides for a very egalitarian Islam.

    I’d love to see more discussions of egalitarian religion on Feministe. I’d especially love to see some interfaith dialouge on the subject of women’s rights and religious law.

  33. DoublyLinkedLists: But why would an Orthodox Rabbi want to find a way to change any of these things? To him, there is no other set of principles that he would use as a guide for changing Halacha. There’s no motivation for him to find a way to “legalize” gay marriage because his motivation is supposed to be rooted in halacha. We see a benefit to trying to change halacha to accomodate our liberal values because we see these values of social justice as equally or more important to the values expressed in modern halacha.

    I see a few different answers here.

    One is simply that you’re right. The two are fundamentally incompatible. It’s certainly a popular view on this blog, where many commenters seem to think that religious feminists have a version of Stockholm syndrome.

    Another possibility is that he might bring a sense of humaneness to halacha. While there are all sorts of situations where practice has become more stringent over time, there are also many, many situations where rabbis have found loopholes based on humaneness or simply making life easier. There are shabbos elevators and ultra-low settings on electric crock pots. There are eruvin and there is the practice of treating suicides as people who died of a mental illness so that they can be afforded burial rites.

    If halacha can come up with all these innovations to be more humane or simply to allow people some convenience, than it can address other issues as well.

    To see addressing some of these issues as valuing secular values above halacha is in some ways itself bringing an outside value into the mix – that of standing against the larger cultural tide.

    Lastly, I’d note that Judaism has always been influenced by the general culture. Ashkenazi Jews stopped practicing polygamy. Sephardic Jews in the Muslim world continued the practice.

  34. Just popping in to say I’m loving this conversation, though as a half-Jew who’s never been to shul, I don’t understand most of the jargon you’re using. I second the recommendations of the Five Books of Miriam, and reading the Velveteen Rabbi. I’ve learned a lot from both of them.

    With that in mind, and I’m sorry if I’m derailing in any way–and you don’t have to answer if I am, but Shosie (and everyone), do you know of any queer/social justice oriented Judaism sites that wouldn’t be too over my head/help me get my 101 on?

  35. This is for Kat. I found on1.org on the Union for Reform Judaism site that looks good. A great Orthodox site group is Uri L’Tzedek found at utzedek.org.

  36. DoublyLinkedLists: But why would an Orthodox Rabbi want to find a way to change any of these things? To him, there is no other set of principles that he would use as a guide for changing Halacha.

    As I see it, this all goes back to how you answer the Euthyphro dilemma.

    The question is really if there is any objective sense in which God is good, or whether the strictures given by God is good simply because God has ordered them. If your answer is that there are moral values beyond following the orders of God, then there is a need to reinterpret the text to not be in conflict with morality. In this way contemporary morals affects the interpretation of the text.

    Put another way: If you take “God is good” as an axiom of faith, then recognizing that some of the texts and traditions are in conflict with morals and common decency means that there must be a reinterpretation (sometimes at least).

  37. Hi
    First thanks for linking to my post on Egalitarianism in Judaism and what it means and how there is still a lot of room for progress.

    Second, I have enjoyed this blog for a long time but never commented before and it is great to see this kind of discussion here.

    It was Blu Greenberg who said “Where there is a rabbinic will, there is a halachic way”. (http://en.wikipedia.org/wiki/Blu_Greenberg)

    My view is that it is a myth that halacha (Jewish law) is unchanging or immune to sociological mores. The general values of secular culture have always influenced rabbinic and Jewish thought from the days that the Talmud was being written.

    As others mentioned, setting up Judaism as follow every halacha or you are left adrift in a vague sea of “everything is personal choice” is a false dichotomy. First of all following halacha IS a personal choice, second you have to choose whose interpretation you are going to follow. I view it like this: I value both Jewish tradition and other values like equality of participation and of access. I make decisions based on balancing these values, rejecting tradition, not willy-nilly, but only when it conflicts with some other sacred values.

    Interesting discussion on both modesty and the laws of niddah- inspiring me to write my own stuff on the topic soon!

  38. DoublyLinkedLists:
    But why would an Orthodox Rabbi want to find a way to change any of these things? To him, there is no other set of principles that he would use as a guide for changing Halacha. There’s no motivation for him to find a way to “legalize” gay marriage because his motivation is supposed to be rooted in halacha.

    Well, the Modern Orthodox (who make up most of the Orthodox community) live in the modern world and are confronted by its ideas, challenges, technology, etc., the same as anyone else. They are likely (to use the example of gay marriage) to have relatives or co-workers who are gay, and to be concerned about those people’s happiness. They are bound to hear arguments and discussions about religious prooftexts and what they mean. And some of them are going to start finding halachic ways to make life better for those people. They will certainly lag behind Conservative, Reform, or Reconstructionist Jews in this respect, because their tradition places a stronger value on preservation. But that doesn’t mean that they don’t generally end up in the same place.

    For instance, a generation ago, when the Jewish Theological Seminary was graduating the first female Conservative rabbis, most Orthodox congregations wouldn’t even let women study Talmud. A lot of Orthodox women kicked and screamed and hollered about that. Today, Orthodox universities give women advanced degrees in Talmud. That’s a small step, but it does get Orthodox women closer to the rabbinate. (How long it will take them to get all the way there, I can’t imagine.) Things do change, even in Orthodoxy.

  39. Frei at last- I think that the issues of feminism within a Charedi framework are really difficult because there’s just SO MUCH misogyny there, y’know? I haven’t spent a ton of time in frum circles, but I think that there’s some room for feminist ideas to creep in. If you read blogs like Frum Satire or Dovbear you can see so much skepticism for the party line and people who are angry about abuses, and I think that’s an awesome start. These ideas aren’t going to make as strong headway in frum circles as in liberal circles, but that’s to be expected. I think the backlash that we’re seeing is pretty scary, and it’s important to remember that “Torah true Judaism” is made up pretty recently, and they don’t have a monopoly on what is Jewish, even what is religious Judaism. Like, I may show my elbows and wear pants and be on birth control, but I’m shomeret Shabbat and shomeret Kashrut and I daven (most days) and that’s still Judaism, even if it looks a bit different. OK, this is totally rambly, so I’m gonna stop.

    Anyways, I think nm hit the nail on the head with that comment. So much has changed in the last 50 years. SO MUCH. I mean, when I was 12, I was the only girl wearing tefillin at school. My Conservative school had a minyan where girls weren’t allowed to lead. But that would never be the case for that same Conservative school now, and I find that incredible. Things change more than we give them credit for. Look at Yeshivat Chovevei Torah. Look at Shira Chadasha. Look at Nishmat. Look at Pardes and Yeshivat Hadar and the Conservative Yeshiva. Look at Uri L’Tzedek. It’s awesome and I’m so excited to see how this movement will grow.

    Kat- I don’t read a ton of stuff in the J-blog-o-sphere, but I think that the Nehirim recommended reading list is a good place to start.

  40. Just adding a voice of support and admiration for this post. Your comments on Feministe have always been very smart and very insightful, so I am really happy you’re writing full posts for a little while.

    Regarding terms that people aren’t familiar with…much of the language is new to me but I’m having a highly enjoyable time Googling things I don’t know, so I don’t think you need to worry about 101ing them.

  41. Another one who loved this post and that you able to discuss these issues without the usual derailing.

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