R' Leo Jung

Woman is freed from a number of positive commands the observance of which depends on a certain time of the day or season of the year. The Jewish man thanks the Lord for having a much greater platform of duties. But woman has an excellent argument. She is willing to recognize the larger quantity of her husband's obligations. Her major duties have to do with the spirit of the home and the education of the children which are decisive for the welfare of the family and the future of the nation. What she loses in quantity, she more than regains in quality. It is therefore that with a smile on her lips and deep satisfaction in her heart, she blesses the Lord, "Who has made me according His will."

R' Leo Jung , Between Man and Man p. 22

R’ Soloveitchik on Chukim, Women's mitzvos, and equality

In a conversation with students on parshas Chukas, R’ Soloveitchik cited the Rambam in warning against mockery of the chukim even as a person inquires legitimately into Torah laws. The Rambam said that such mockery of chukim is worse than misappropriation of sanctified objects as the latter were originally secular objects such as wood that were set aside for holy purposes but the former are holy from the outset as established by the Almighty. R’ Soloveitchik points out that the Rambam's intent was not to promote observance of the laws as people in his day were observant, but rather to warn against projection of secular ideas onto them. This constituted mockery of the chukim:

What is the Rambam interested in? In our psychological, axiological approach towards chukim. Against ascribing lesser significance to chukim, or secularizing them. In other words, one must not interpret chukim in practical terms, and inject contemporary meaning in them.

You'll ask me, what is the practical interpretation of chukim? If a rabbi tries to interpret ma'achalos assuros [forbidden food] in terms of hygiene and sanitation. Or taharas ha'mishpacha in terms of sexual psychology, as I once heard a rabbi say, that taharas ha'mishpacha contributes to family bliss, and actually taharas ha'mishpacha accomplishes the miracle that the whole married life is one long honeymoon. This is exactly what the Rambam meant should not be done. You don't accomplish anything by it. You don't achieve anything by it. Educated people, intelligent people, scientific minds, they cannot be so easily fooled. (The Rav Thinking Aloud on the Parsha, Sefer Bamidbar, pp. 155-6)

So while we may inquire as to reasons for chukim, we must proceed carefully and not fabricate reasons that actually lead to ridicule of them either by their very logic or by how far we push that logic.

R' Soloveitchik explained elsewhere that the halakha is driven by technical constructs something like that of sophisticated scientific thought. In a conversation with students on parshas Korach, he noted that Aristotle's simplistic approach to science was built strictly on observation. In Aristotle's view, gravitational pull was the result of the weight of objects as that is what appears to the eye. Modern science, starting with Galileo and continuing through Newton and unto today, concludes the opposite, that weight is the result of gravitational pull. The former view is empirical and commonsense, the latter conceptual. Says R' Soloveitchik, “Newton discarded commonsense and approached the matter from the viewpoint of the esoteric, abstract, creative, conceptualizing logos.” He continues:

This method of quantification was part of the greatest discovery in the annals of mankind. Of course, if we had been satisfied - not we, the seventeenth century - with Aristotlean physics, we couldn't climb now to the moon. Don't you think that halachah is also entitled to such a theoretical basis? We have, as I stated above, our unique logical and epidemiological approach to halachah. Torah sheh b' al peh is not just a compilation of laws. It's more than that. Mathematics is more than just a corpus of equations. Ask any mathematician who is intelligent, what is math? He wouldn't tell you a corpus of equations. No physicist who understands physics will tell you that physics is a collection of natural laws or equations. Basically, science is a method. Mathematics is a method. It's a method of thinking, a unique logos. So is the Torah sheh-b' al peh. The laws and statutes are of utmost significance. However, if you discard the view that Torah sheh-b' al peh is a system of thought structures and unique logical categories which are accessible to the human mind only if the latter is willing to subject itself to a rigid and tough training, then you open up the floodgates and any ignoramus may claim authority the way Korach did. (The Rav Thinking Aloud on the Parsha, Sefer Bamidbar, pp. 140-2)

According to R' Soloveitchik, this understanding of the Talmudic method helps us to understand the reason that women are disqualified from serving as witnesses. The disqualification is not a matter of lack of qualification in the axiological sense, ie. it says nothing about the value of women. It is the result of technical constructs. A melech or Jewish king is also disqualified from giving testimony. Says R' Soloveitchik:

If the melech ha'Moshiach were present at the wedding I also wouldn't invite him, because he is also disqualified to bear witness. Would we say all Jews are superior the the melech ha'Moshiach? A king is disqualified to bear witnesses mi'd'oraisa, like an isha. The king Messiah, or King David, or King Solomon, or Moshe Rabbeinu himself are disqualified to bear witness. And a wood-chopper, an ignorant person, a bor mi'd'oraisa is kashur l'eidus. (The Rav Thinking Aloud on the Parsha, Sefer Bamidbar, p. 141)

R' Soloveitchik asked if anyone would conclude that the Messiah is inferior by virtue of his disqualification. He said, “If you operate with commonsense categories - yes. Korach operated with commonsense categories, and he was right with his conclusion that if the whole robe is made of purple material it certainly should be exempt from tzitzis. But from the viewpoint of the exact, precise, unique halachic categories psul l'eidus is not indicative at all of the station of the woman in society, in the halachic community.” In other words, just as Aristotle was incorrect to use plain thinking to evaluate gravity, we would be incorrect to use such thinking to evaluate the disqualification of kings and women from giving testimony. It is not what it seems.

So what is the station of the woman? Like R’ Feinstein and the Lubavitcher Rebbe, R’ Soloveitchik stressed the differences in the roles for men and women and the general equality in their spiritual worthiness. Basing his comments on the creation of the first man and woman in God’s image, he says:

The foremost distinguishing characteristic bestowed upon man is his Divine image, his tzelem Elohim, which denotes particular qualitative endowments, such as a moral sense, free will, and intellect. Man partakes of these attributes within human limitations, while God's representation of these qualities is absolute. Maimonides embodied man's likeness to God primarily in terms of his intellect (Guide 1: 1). This Divine gift was given to both men and women. "And God created man with His image. In the image of God, He created him; male and female He created them" (Gen. 1:27). In their spiritual natures, they were equally worthy. (Man of Faith in the Modern World, p. 84).

He said in his discussion of women and testimony, “The Chumash in Bereishis says that when God created man בצלם אלקים ברא אתם . Man and woman were created in the Image of God. Equality was taken for granted. If two personae were created in the image of God, you cannot say one is superior to the other.” (The Rav Thinking Aloud on the Parsha, Sefer Bamidbar, pp. 142-3)

R’ Soloveitchik finds equality as well in the potential for either sex to achieve prophecy.

The mere fact that among our prophets we find women to whom God has addressed Himself is clear proof that we never differentiated between the sexes axiologically. (Family Redeemed, p. 72; Axiology = Philosophical theory of value)

Equality is the key word. I'll repeat his words, “you cannot say one is superior to the other.” This means that men are not better than women but it also means that women are not better than men. This is a direct contradiction of what many of his students teach. To use the exemption as an indication that women are superior is to make a mockery of it. It's just too simplistic and doesn't explain why the Kohen Gadol has the most mitzvos. Plus it makes mitzvos look one-dimensional, like steps in a program for alcoholics. I know one person who often gives the Gemara of bina yesayra as proof of the thesis that women are superior – an open Gemara he says. We will presume that the Rav also knew that Gemara, yet argues that men and women are equal. He argues from an open posuk. Perhaps equality is less exciting and crowd pleasing but it seems to me it will lead to much healthier relationship between husbands and wives. Women don't want to be superior anyway. They just want respect. Men have the desire to conquer and be superior. Telling women they are superior actually makes them uncomfortable. It's what men think women want to hear. It actually unnerves them because then who can they rely on?

Other authorities

Other authorities that either explicitly or implicitly contradict the notion of generally higher spirituality in the female include Rambam, Mishnah Horarios 3:7; Tur, Orach Chaim 46; Akeidas Yitzchak, Bereishis 6; Bartenura, Mishnah Horarios 3:7; Taz, Orach Chaim 46; Zies Ra'anan (Magen Avraham), Yalkut Shemoni, Shmuel 1:1; Vilna Gaon, Even Shelaima 1:8; Baal Shevet Musar, Midrash Talpiyos, Ohs Aleph, Anaf Isha; Rav Tzadock Rabinowitz, Dover Tzedeck, p. 119; R' Avraham Yitzchak Kook, Olas Re'iah, Birchos ha-shachar; R' Moshe Feinstein, Iggeros Moshe, Orach Chaim IV, 49; R' Joseph B. Soloveitchik, Man of Faith in the Modern World, (Hoboken, NJ: Ktav, 1989), p. 84; Lubavitcher Rebbe, Sichos in English, Iyar-Tammuz 5744, Vol. 21, pp. 69-72; R' Avigdor Miller, Rabbi Avigdor Miller Speaks, (Brooklyn, NY: Mesorah), pp. 245-246 .     

R' Kook on shelo Asani Ishah

“There are two kinds of souls. Those that make an imprint on life, on themselves and on existence and those that carry that imprint and cause it to grow.  There are those that grow through their undertaking of making an impression on themselves and their world and there are those that grow through inspiration which is received from outside themselves. Man is superior in his yearning to create and impress and therefore recites the blessing “Blessed is He … that He did not make me a woman.

"Man however has the distinct disadvantage of being limited to the narrow limitations of his spiritual and physical makeup, which can lead him astray from G-ds ultimate plan. Woman is superior by virtue of her receptivity. This superiority allows her to be impressed and inspired by the all encompassing bounty which G-d created in this world. She therefore recites the blessing “Blessed is He … who has made me according to His will. She can aspire to fulfill G-ds will without turning astray." (Rav A.Y. Kook, Olas Rayah, pps 71-72)

Translation from R' Yaakov Haber's www.TorahLab.org

Problems with the apologetics

Problems with the apologetics

1. Diminishes the authority of the rabbinate. Rabbis are men. If men are so deficient, who will want to listen to them?

2. Diminishes respect for fathers, husbands, brothers, and sons.

3. Hurts shiduchim. A woman might say if men are so low, I need the best man so I can have my equal. Men say, women are supposed to be so holy. This one is not.

4. Diminishes appreciation for wives. A man might say, women are supposed to be so holy. What's wrong with my wife?

5. Disincentive for men when mitzvos are made to look like signposts of deficiency. The apologetics are emasculating too.

6. Disincentive for women who may begin to overrate themselves. I know of one man who tells his wife that she is complete and her only job in life is to help him.

7. Confuses the idea of yetzer tov and yetzer hara going together.

8. Possible idol worship in positing a yetzer tov without a yetzer hara. Creates a false god.

9. Unnerves women because then who can they rely on? Women don't want to be superior. They just want respect. Men have the desire to conquer and be superior. Telling women they are superior actually makes them uncomfortable. It's what men think women want to hear.

Rabbi Avigdor Miller on the exemption

As we know, men are commanded to perform mitzvos asei she'haz'man grama, time-bound mitzvos. Women, on the other hand, are not required to perform these mitzvos. What is the reason for this difference? The answer is that women have other important obligations to tend to, which exempt her from these commandments. A woman must know that she is a briah shel chessed, she has been created for the purpose of performing chessed. Being a wife and mother is a very significant role, and it requires her to be selfless and totally dedicated to performing chessed! It takes a woman's entire effort to succeed in being an efficient mother and wife. Investing her abilities in raising children is very time consuming but is a tremendous zechus for her! (Rabbi Avigdor Miller Speaks, pp. 271-3)

Nissan Mindel on Shelo Asani Isha

"Anyone who is familiar with the high esteem in which the Jewish woman is held in the Torah, and with the place which she occupies in Jewish life, will not be foolish enough to think that a reflection on Jewish womanhood. Suffice it to mention that in the era of prophecy, there were seven prophetesses mentioned by name in the T'NaCh. They were: Sarah, Miriam, Devorah, Hannah, Abigail, Huldah and Esther." Sarah, the Torah tells us, was in some respects even superior to Abraham, for G-d told Abraham, "All that Sarah will tell you, listen to her. Moreover, our Sages of the Mishnah and Talmud frequently emphasized the moral strength and spiritual excellence of the Jewish woman. They reminded us that it was in the merit of the righteous Jewish women that the children of Israel were liberated from Egyptian bondage"; that at the giving of the Torah, the women were approached first; that women had no part in the Golden Calf, but at the building of the Sanctuary the women were the most generous; that they had a leading part in the miracles of Purim and Chanukah, ete., etc, History also records that throughout the long martyrology of our people in exile, Jewish women faced death with the same courage as the men, and sometimes greater, in their devotion to G-d and the Torah and the Jewish way of life.

"Thus, when the Jew makes the blessing thanking G-d for not making him a woman, he does not say these words with any feeling of superiority, but quite for another reason, as will be made clear presently.

"In the nature of things, the husband's task is to be the breadwinner, while the wife has to take care of the home and the children, and to manage the whole household. This is a very complicated task, requiring a great deal of skill, patience, understanding, and many other high qualities, which Divine Providence so generously bestowed upon the women. It is doubtful whether any executive position which the husband may hold requires greater skill and is more exacting than the domestic responsibilities of the wife and mother.

"In view of the above, the Divine Torah has exempted the Jewish woman from the obligation to fulfill certain Mitzvoth. She is equally with her husband duty-bound to observe all the prohibitions of the Torah, the "don'ts" (and these are in the majority-365 don'ts to 248 do's). However, in regard to the positive commandments, the Jewish woman is excused from the fulfillment of some of them (by no means all), mainly those which have a time factor or limit, out of consideration for her important wifely and motherly duties to which the Torah gives precedence.

"In this respect, therefore, the Jewish woman is rather "privileged" than "underprivileged."

"However, the male Jew, who has not been given the special privileges enjoyed by the Jewish woman, has something to compensate for them, namely, the opportunity to commune with G-d more frequently through the fulfillment of those Mitzvoth from which the Jewish woman is exempt. This is no small compensation, and it is for this reason-for the opportunity to serve G-d with these additional Mitzvoth-that the male Jew makes the blessing, 'Who has not made me a woman.'"

Nissan Mindel, "As For Me- My Prayer", 1975, pp. 45-47.