A Letter from HaRav HaGaon Moshe Feinstein zt’l about Feminism
Literal translation of a letter written by HaRav HaGoan Moshe
Feinstein zt"l concerning feminism and the exemption of women from
positive time bound commandments. (Igros Moshe, Orach Chaim IV #49)
(The letter is addressed to a Rav in Boston
who had written on behalf of his congregants).
Regarding the distinguished (Jewish) ladies who are fighting
along with women of the nations of the world in their (social) movement. These
(Jewish) ladies are observant of Torah and want to bring their fight to matters
of relevance to Jewish law. Some (of these ladies) pray with tallaisim and so on. They seek my view
in this matter and how the rabbi of the shul should handle the matter.
Firstly, you must know that it is an essential matter of faith in our
Torah that the written and oral Torah was given by The Holy One Himself at Mount Sinai through Moshe Rabbanu, o"h. It is
impossible to change even one point (of the Torah) whether to be more strict or
to be more lenient. But we were commanded that when there is a time to
establish precautionary measures, it is incumbent on the Sanhedrin and the
sages of the Torah to do so, by prohibiting certain things. They also may
obligate others. They (the sages) must make it very clear that these are
rabbinical obligations. Since our dispersion to foreign lands, we lack the
power (to make such enactments). However, the wise men of every region (have the power) to make
enactments only for their region and only for a short time.
In view of this, the exemption of women from positive time bound
commandments is a (decree) of the Torah. Also, the Rabbis never obligated women (in these commandments)
since there is no reason to do so. Indeed, there is a reason to exempt women from these commandments specifically for the
reasons that the Torah exempts them.
And besides the reasons for the Torah which are unknown to
regular people and to the great scholars, and we are required to believe that
there are great reasons of Hashem who gave the Torah, (besides this), there are
(non-ultimate) reasons revealed to everyone. (In the matter of the
exemption of women from positive time bound mitzvahs) the average woman is not
wealthy and has responsibility to raise sons and daughters. This (task) is most
important work for Hashem and His Torah and so Hashem made each species so that
the woman should raise the offspring. Humans are no exception. The nature of
women enables them to raise children. Along those lines, it (the burden) was
made easier on the women by not requiring them to learn Torah and to perform positive time
bound mitzvahs.
(However) even if the order of the world were to change and all women were wealthy all the time and it were possible to give
over the children to men and women (to raise them as is done) in our country,
the Torah's law cannot change and neither can that of the Rabbis. It is useless to
fight this. Even with the agreement of the entire world, there is no power to
change (the Torah) one iota. The women who stubbornly wage war to make such changes are committing
heresy.
The Rambam, in chapter three, law number eight, of the Laws on
Repentance,
says
the following: "Three (people) are called heretics: The one who denies
even one word spoken by Moshe Rabbainu, the one who denies the explanation of
the oral Torah, and the one who switches one word (of Torah) for another. These are heretics
and their judgment shall be a forfeiture of their place in the next world.” According to
the words of the Rambam, to say that the Creator switches around commandments
and all the more so that men can switch around the commandments -- is to say that the Torah is not eternal.
And the whole reason (it is called heresy) is that they are rebelling against many verses which teach us
of the eternity of the Torah, and so writes the Kesef Mishnah.
Women are permitted to perform (certain) commandments for which
they are not obligated and receive divine reward for such performance. And also according to the view of Tosfos, (women) are
permitted to make a blessing (on such commandments) as is our custom. (It is our custom also for women to be permitted) to fulfill the
commandments of shofar and luluv and to make blessings (on these). Therefore,
concerning tzittzit, a woman who wants can dress in a garment not designed for
men, as long as this garment has four corners to it, and attach tzittzit to fulfill this
commandment.
Concerning the wearing of tfellin, Tosfos writes in Eruvin 96, divray hamaskil: myachal, that (this
commandment) should not be performed (by women). Tfellin requires tremendous care to keep the body in (halachic) cleanliness and to focus one's attention. For this reason
even men who are obligated in tfellin limit their wearing (of tfellin) from all day to
during morning prayers. The Rema holds similarly (Choshen Mishpat, 98:3). Targum Yonason, on the verse: "There should not be a man's clothing on a woman" (holds) that
(women should not wear) tzitzit or tfellin since they are garments of men. Tosfos does not
believe there to be such a Targum Yonason. This (performance of non-obligatory commandments by a woman) applies only if her soul yearns to perform the commandment even though she is not commanded. (It is another matter) if her intention is to protest
against the Holy One and His
Torah. Such a posture is not congruent with the performance of a commandment. Indeed, it is a forbidden act and an act of apostasy. Since (such a woman) is trying to amend Torah law.
You should know that all of this (the exemption of women from positive time bound commandments) is not because women are on a lower level of holiness than are men. While obligation in commandments results strictly from one's having holiness, men and women, in that sense, are equal in holiness. All the verses in the Torah regarding holiness refer also to women. (This applies from) the beginning (with) the arrangement to receive the Torah (at Sinai). "You'll be to me a treasure and you'll be to me a holy nation." Exodus 19:6. (The subject of this verse is all of the nation of Israel ) as it says "house of Jacob" in referring to the women and
"tell to the house of Israel "
in referring to the men. Exodus 19:3.
(The references to men and women of all verses regarding
holiness extends also after Sinai with) "You'll be for me a people of holiness," parshas Mishpatim, "you'll be
holy," parshas Shimini, "holy you'll be and you'll be holy," parshas Kedoshim, and "and a
nation of holy people you are to Hashem" parshas Re’eh. Women also (as well
as men) are referred to in every mention of holiness.
Therefore women also include in their blessings the words
"you have sanctified us with your commandments." (Women do
this) even when performing commandments for which they are not obligated. (The exclusion of women from positive time bound commandments) is a leniency made by Hashem for his own reasons and not because of any diminution (regarding the women) Heaven forbid. We explained this earlier.
And concerning the obligations between husband and wife, a husband is obligated to treat his wife with respect and a wife is obligated to treat her husband with respect. (Furthermore) many women were prophetesses and subject to the same laws concerning prophets as were the men (prophets). In many matters, women were praised more than the men by the (written) Torah and by the Rabbis. There is no denigration in their (women's) respect in their exemption from the learning of Torah and positive time-bound
commandments. There is no reason to have any gripes.
The distinguished rabbi (of the congregation in question) should
explain this every time and be strong and firm in his knowledge that this is all a matter
of the Torah and he should correct these women. And after all this if (these women) still stand in their incorrect and stubborn view, (the rabbi) should not allow
a single change in the
holy customs of Israel .
I end with a blessing for true peace and a good writing and sealing for a good year for the distinguished rabbi and to all that is
his, to the whole holy congregation, the men, the women, and the children.
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