Partnership minyan
Encyclopedia
Partnership minyan is a term used by the Jewish Orthodox Feminist Alliance
Jewish Orthodox Feminist Alliance
The Jewish Orthodox Feminist Alliance was founded in 1997 with the aim of "expand[ing] the spiritual, ritual, intellectual, and political opportunities for women with the framework of halakha," or Jewish law...

 (JOFA) to describe a prayer group that, according to its adherents, conforms to the strictures of Orthodox Judaism
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...

 while still allowing for parts of the services
Jewish services
Jewish prayer are the prayer recitations that form part of the observance of Judaism. These prayers, often with instructions and commentary, are found in the siddur, the traditional Jewish prayer book....

 to be led by both men and women. Leading parts of services in a minyan
Minyan
A minyan in Judaism refers to the quorum of ten Jewish adults required for certain religious obligations. According to many non-Orthodox streams of Judaism adult females count in the minyan....

 ("quorum") is traditionally regarded as a male role. Partnership minyanim are a new and relatively small phenomenon within Modern Orthodox Judaism
Modern Orthodox Judaism
Modern Orthodox Judaism is a movement within Orthodox Judaism that attempts to synthesize Jewish values and the observance of Jewish law, with the secular, modern world....

 intended to provide more opportunity to Jewish women to participate in synagogue
Synagogue
A synagogue is a Jewish house of prayer. This use of the Greek term synagogue originates in the Septuagint where it sometimes translates the Hebrew word for assembly, kahal...

 services and rituals.

Definition

JOFA defines a partnership minyan as:
[A] prayer group that is both committed to maintaining halakhic
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

 standards and practices and also committed to including women in ritual leadership roles to the fullest extent possible within the boundaries of Jewish Law. This means that the minyan
Minyan
A minyan in Judaism refers to the quorum of ten Jewish adults required for certain religious obligations. According to many non-Orthodox streams of Judaism adult females count in the minyan....

 is made up of 10 men, men and women are separated by a mechitza
Mechitza
A mechitza in Jewish Halakha is a partition, particularly one that is used to separate men and women....

h, and the traditional liturgy
Jewish services
Jewish prayer are the prayer recitations that form part of the observance of Judaism. These prayers, often with instructions and commentary, are found in the siddur, the traditional Jewish prayer book....

 is used. However, women may fully participate in kriyat ha'Torah (Torah reading
Torah reading
Torah reading is a Jewish religious ritual that involves the public reading of a set of passages from a Torah scroll. The term often refers to the entire ceremony of removing the Torah scroll from the ark, chanting the appropriate excerpt with special cantillation, and returning the scroll to...

), including layning and receiving aliyot, and may lead parts of the prayer service
Jewish services
Jewish prayer are the prayer recitations that form part of the observance of Judaism. These prayers, often with instructions and commentary, are found in the siddur, the traditional Jewish prayer book....

 such as psukei d'zimrah and kabbalat Shabbat, which do not contain d'varim she bikedusha.


Professor Tamar Ross
Tamar Ross
Tamar Ross is a professor of Jewish Philosophy at Bar Ilan University.She has scholarly expertise in the thought of Abraham Isaac Kook, the modern Musar movement and the ideology of Mitnaggedism, and Judaism and gender...

 explains:
A small number of communities in the United States and Israel that consider themselves Orthodox (including one Hartman-Halbertal
Tova Hartman
Tova Hartman is a Professor of Gender Studies and Education at Bar Ilan University of Ramat Gan, specializing in gender and religion, and gender and psychology...

 helped to found) have implemented more egalitarian practices in the synagogue. These include the practice of calling women up to the Torah and allowing them to lead those portions of the service that are not halakhically defined as prayer, such as the set of hymns welcoming the advent of the Sabbath. They rely on minority opinions that halakhic problems with men hearing women sing do not apply to synagogue worship.


Some partnership minyanim also wait to begin parts of the service requiring a minyan until 10 women as well as 10 men are present. Such a service is also known as a Shira Hadasha-style minyan, after Kehillat Shira Hadasha
Shira Hadasha
Kehillat Shira Hadasha in Jerusalem was founded in 2002 by a group of Jerusalem residents, including Tova Hartman. Its website describes its purpose as the creation of "a religious community that embraces our commitment to halakha, tefillah and feminism" in response to "the growing need of many...

 in Jerusalem, among the first such prayer groups to be established, in 2001.
Various structural innovations have been devised to permit women to lead prayers while maintaining distinct men's and women's sections, such as separate shtenders (reader's lecterns) and a mechitza going down the middle of the room. Men can also be limited in which service parts they can lead.

In response to arguments that the halakhic underpinnings of the approach are stronger if done on a temporary and situational basis, some Partnership Minyanim, including Shira Hadasha, have deliberately chosen to meet in spaces that are not regularly or permanently used for synagogue worship, and some meet on a situational schedule rather than every Shabbat. In keeping with arguments that women are permitted to read only some but not all the aliyot on shabbat, Partnership minyanim generally do not permit women to be called for the two aliyot reserved to a Kohen
Kohen
A Kohen is the Hebrew word for priest. Jewish Kohens are traditionally believed and halachically required to be of direct patrilineal descent from the Biblical Aaron....

 and Levi
Levi
Levi/Levy was, according to the Book of Genesis, the third son of Jacob and Leah, and the founder of the Israelite Tribe of Levi ; however Peake's commentary suggests this as postdiction, an eponymous metaphor providing an aetiology of the connectedness of the tribe to others in the Israelite...

 if they are present, but only the last five of the seven aliyot on Shabbat, plus the maftir for the reading from the Prophets. In keeping with arguments that the Talmudic sources involved apply only to the seven aliyot on Shabbat, some partnership minyanim meet only on Shabbat or on other occasions, such as Purim
Purim
Purim is a Jewish holiday that commemorates the deliverance of the Jewish people in the ancient Persian Empire from destruction in the wake of a plot by Haman, a story recorded in the Biblical Book of Esther .Purim is celebrated annually according to the Hebrew calendar on the 14th...

, where other special halakhic arguments supporting greater women's participation have been made. (See Women and megilla reading on Purim.)

Some minyanim, especially in Israel, meet regularly on every shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...

 and on every holiday.

A small number of partnership minyanim have been established in Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

.

Support for partnership minyanim

The existence of partnership minyanim was preceded by an opinion by Modern Orthodox
Modern Orthodox Judaism
Modern Orthodox Judaism is a movement within Orthodox Judaism that attempts to synthesize Jewish values and the observance of Jewish law, with the secular, modern world....

 Rabbi
Rabbi
In Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...

 Mendel Shapiro
Mendel Shapiro
Mendel Shapiro, a Jerusalem lawyer and Modern Orthodox Rabbi, is the author of a halakhic analysis in which he argued that women could be called to read from the Torah in prayer services with men on Shabbat under certain conditions. He and his viewpoint became the subject of extensive dispute...

 in 2001, subsequently joined by Bar-Ilan University
Bar-Ilan University
Bar-Ilan University is a university in Ramat Gan of the Tel Aviv District, Israel.Established in 1955, Bar Ilan is now Israel's second-largest academic institution. It has nearly 26,800 students and 1,350 faculty members...

 Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....

 Professor Rabbi Daniel Sperber
Daniel Sperber
Daniel Sperber is a professor of Talmud at Bar-Ilan University in Israel, and an expert in classical philology, history of Jewish customs, Jewish art history, Jewish education and Talmudic studies.-Biography:...

, claiming that halakha (Jewish law) permits Orthodox women to be called to, and to read from, the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...

 on Shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...

 under certain conditions. These opinions rely on earlier authorities including the Magen Avraham. Dr. Joel B. Wolowelsky
Joel B. Wolowelsky
Dr. Joel B. Wolowelsky is on the Faculty at the Yeshiva of Flatbush, and an author on topics pertaining to the role of women in Judaism and Jewish medical ethics. He is the Associate Editor of Tradition, the Journal of Jewish Thought and of the Toras HoRav Foundation, which is bringing to print the...

 also expressed an opinion which, while not offering a formal opinion on the halachic issues, suggested that the partnership minyan enterprise was not necessarily inconsistent with an Orthodox hashkafah (outlook)..

Rabbi Shapiro's analysis focused on a Baraita
Baraita
Baraita designates a tradition in the Jewish oral law not incorporated in the Mishnah. "Baraita" thus refers to teachings "outside" of the six orders of the Mishnah...

 (non-Mishnaic received oral tradition
Oral Torah
The Oral Torah comprises the legal and interpretative traditions that, according to tradition, were transmitted orally from Mount Sinai, and were not written in the Torah...

) in the Babylonian Talmud stating that:
The Rabbis taught (teno) that anyone can be numbered among the seven [called to the Torah on Shabbat], even a minor, even a woman. But the Sages said that we do not call a woman to the Torah because of Kevod HaTzibur (the dignity of the congregation). (Megillah
Moed
Moed is the second Order of the Mishnah, the first written recording of the Oral Torah of the Jewish people . Of the six orders of the Mishna, Moed is the third shortest. The order of Moed consists of 12 tractates:# Shabbat: or Shabbath deals with the 39 prohibitions of "work" on the Shabbat...

 23a).


Rabbi Shapiro's primary argument, based on the language of this baraita as well as traditional commentaries to it, was that women were only discouraged from performing public Torah reading based on a social concern for the dignity of the congregation ("Kevod HaTzibur"). While Jewish law usually demands that public rituals be led by those who are obligated in that particular ritual- and women are generally considered to be not obligated in public Torah reading- R. Shapiro demonstrated that public Torah reading is an exception, based on the baraita's explicitly allowing a minor, who is also not obligated, to lead. therefore, he argued, only "the dignity of the congregation" was invoked to discourage women from reading. He then analyzed the weight of the "dignity of the congregation" prohibition. Analyzing authorities on the law of Kevod HaTzibur, he noted a number of other situations which were rabbinically prohibited due to the "dignity of the congregation", such as rolling a Torah scroll in front of the congregation or having a person too young to have a beard serve as Hazzan
Hazzan
A hazzan or chazzan is a Jewish cantor, a musician trained in the vocal arts who helps lead the congregation in songful prayer.There are many rules relating to how a cantor should lead services, but the idea of a cantor as a paid professional does not exist in classical rabbinic sources...

 (cantor). Citing authorities who held that congregational dignity could be waived in some of these matters, including the common practice of having teenagers lead the congregation in contemporary synagogues, he concluded that a congregation could waive its dignity on this issue as well, and an Orthodox congregation choosing to do so could call a woman to the Torah in much the same way that it could choose to have a teenager lead prayers at a Bar Mitzvah. Rabbi Shapiro also briefly addressed certain other objections, arguing for example that because some authorities have held that women can read the Megilla on Purim
Purim
Purim is a Jewish holiday that commemorates the deliverance of the Jewish people in the ancient Persian Empire from destruction in the wake of a plot by Haman, a story recorded in the Biblical Book of Esther .Purim is celebrated annually according to the Hebrew calendar on the 14th...

 to men, chanting the Megilla, and hence the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...

, is not a kind of singing subject to restrictions on the issue of kol isha, the female singing voice.

Rabbi Sperber agreed with Rabbi Shapiro's argument that the baraita
Baraita
Baraita designates a tradition in the Jewish oral law not incorporated in the Mishnah. "Baraita" thus refers to teachings "outside" of the six orders of the Mishnah...

 in Megillah 23a indicated that the Sages instituted "we do not call a woman" as a later prohibition, and that calling a woman was originally permitted. He focused on the concept of Kevod HaBriyot ("human dignity"), a Talmudic concept by which rabbinical prohibitions are sometimes waived in order to preserve honor or dignity. Noting that the concept had received modern applications by Orthodox decisors
Posek
Posek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....

 including an opinion by Rabbi Eliezer Waldenberg
Eliezer Waldenberg
Eliezer Yehuda Waldenberg was known as the Tzitz Eliezer after his monumental halachic treatise Tzitz Eliezer that covers a wide breadth of halacha, including Jewish medical ethics, as well as ritual halachic issues from Shabbat to kashrut...

 permitting wearing a hearing aid on Shabbat (based on a Talmudic opinion overriding the rabbinic prohibition against carrying on Shabbat to permit a person needing to defecate to carry wiping material), Rabbi Shapiro argued that the Kevod HaBriyot concept could be applied to override the rabbinic prohibition against calling women to the Torah on grounds of human dignity or respect.

Dr. Wolowelsky wrote that although the Talmud appears to have an iron-clad rule that a Kohen
Kohen
A Kohen is the Hebrew word for priest. Jewish Kohens are traditionally believed and halachically required to be of direct patrilineal descent from the Biblical Aaron....

 should always be called to the Torah first and early practice gave precedence to Torah scholars, the Magen Avraham proposed the then-novel idea that individuals observing special occasions, such as a wedding or Bar Mitzvah, should have precedence. The Magen Avraham's view eventually prevailed, and subsequent commentators, including Rabbi Ovadiah Yosef, developed his ideas to the point of creating various exceptions under which a Yisrael observing a special occasion could sometimes be called first even if a Kohen is present and refuses to waive the first aliyah. Observing that it is important to be able to tell whether a new approach can be considered a legitimate effort to develop the tradition or an illegitimate attempt to manipulate it, he suggested that changes in traditional concepts of respect involved in the idea of sometimes calling a woman to the Torah based on the Magen Avraham's ideas, may not necessarily be any more radical or threatening to the tradition, from a hashkfic (outlook or worldview) point of view, than the changes involved in developments leading to sometimes not calling a Kohen first..

Orthodox objections

The halakhic opinions supporting a partnership minyan and permitting an expanded role for women are developments on the far left of Modern Orthodox Judaism
Modern Orthodox Judaism
Modern Orthodox Judaism is a movement within Orthodox Judaism that attempts to synthesize Jewish values and the observance of Jewish law, with the secular, modern world....

 that currently represent the views of a very small number of Modern Orthodox rabbis, and have not been accepted by any major Orthodox organizations or rabbinical authorities
Posek
Posek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....

. A number of objections have been raised to various aspects of partnership minyanim, and to the view that their practices are not consistent with halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

 (Jewish law). Critics have argued that their claims to be a practice within Orthodox Judaism are illegitimate.

Rabbi Yehudah Herzl Henkin

Rabbi Yehudah Herzl Henkin
Yehudah Herzl Henkin
Rabbi Yehuda Herzl Henkin was born in 1945 and currently lives in Jerusalem.His father was Hillel Henkin, a Jewish educator in New Haven, CT.Rav Henkin has emerged in the last decade as a major posek with four volumes of responsa titled Bnei Banim....

 objected to Rabbi Shapiro's claims. In addition to point-by-point halakhic counterarguments, he also said:
Regardless of the arguments that can be proffered to permit women’s aliyyot [Torah-reading] today— that kevod ha-tsibbur can be waived, that it does not apply today when everyone is literate, that it does not apply when the olim rely on the (male) ba`al qeri’ah and do not themselves read—women’s aliyyot remain outside the consensus, and a congregation that institutes them is not Orthodox in name and will not long remain Orthodox in practice. In my judgement, this is an accurate statement now and for the foreseeable future, and I see no point in arguing about it.

Rabbi/Dr. Gidon Rothstein

Rabbi/Dr. Gidon Rothstein (author of Murderer in the Mikdash), in an article in the Rabbinical Council of America
Rabbinical Council of America
The Rabbinical Council of America is one of the world's largest organizations of Orthodox rabbis; it is affiliated with The Union of Orthodox Jewish Congregations of America, more commonly known as the Orthodox Union, or OU...

's journal Tradition, analyzed Rabbi Shapiro's arguments and concluded that
the attempt to read the talmudic concerns about women’s aliyyot out of relevance to contemporary Orthodox Jews has not meaningfully succeeded.


Among other arguments, Rabbi Rothstein argued that even according to the lenient opinions that congregations can waive their "dignity", they can do so only on a temporary and situational basis, or as a concession to a particular circumstance after the fact, but not on a permanent basis. Even having a teenager as a regular Hazzan
Hazzan
A hazzan or chazzan is a Jewish cantor, a musician trained in the vocal arts who helps lead the congregation in songful prayer.There are many rules relating to how a cantor should lead services, but the idea of a cantor as a paid professional does not exist in classical rabbinic sources...

 is not comparable, because:
Appointing a young cantor is a more regularized foregoing of waiving, but only until he matures; as Abba Eban once said when asked about the low median age of the State of Israel, it is a problem that passes with time. In each case other than R. Shapiro’s, the foregoing is temporary and situational.


Rabbi Rothstein also argued that only a few of the medieval commentators held that a woman could intrinsically read all the aliyot, that most held they could read only some and some major authorities held they could read only the last one. He argued that the authorities who held a woman could read only the last aliyah "carry greater weight" than the authorities who held they could read more:
As he [R. Shapiro] presents it, Or Zaru’a and R. David Pardo would allow women to read any or all of the portions of the Torah reading, R. Isaiah de-Trani (Rid) would allow four or three aliyyot, R. Jacob Emden would only allow women to read where no men are capable of doing so, and R. Meir ha-Kohen of Rothenburg (Hagahot Maimoniyot) only allows their reading the seventh.

Later, he notes that Ran and Rivash were the source of Rema’s claim that women could not be called up to read all the portions of the Torah. Ran’s comment is ambiguous (so that he might agree that they could take any three aliyyot), but Rivash assumes that Ran agreed with him that women could only take the seventh or, perhaps, the reading added on for the maftir. Further, when Hagahot Maimoniyot limits slaves to the seventh portion, the comment closes by citing his teacher, the more famous R. Meir of Rothenburg.

I mention the names because the halakhic process operates with a hierarchy of authority and influence. All other things being equal, Maharam of Rothenburg, Ran, and Rivash carry greater weight in a traditional halakhic discussion than any of the others cited.


Rabbi Rothstein concluded, therefore, that "granting all of Rabbi Shapiros points still only supports women reading the seventh portion."

Rabbi Rothstein also argued that women are not members of the public community with respect to Torah reading, and the dignity of the community would be affronted by "outsourcing" obligations to non-members:
The most plausible suggestion is that having women read the Torah affronts communal “dignity” because they are not generally members of the obligated public community. Relying on someone who is not usually—and in the case of Torah reading, not at all—a member of the public community suggests that the regular members were either unable or chose not to shoulder their communal responsibilities (out of ignorance or apathy). Outsourcing obligations betrays an undignified attitude toward the obligation itself; educating future members of the congregation does not.

Article in The Forward

An article in The Forward
The Forward
The Forward , commonly known as The Jewish Daily Forward, is a Jewish-American newspaper published in New York City. The publication began in 1897 as a Yiddish-language daily issued by dissidents from the Socialist Labor Party of Daniel DeLeon...

(September 20, 2002) summarized Orthodox views immediately following the initial partnership minyan congregations:
No leading Orthodox institution or halachic arbiter is known to have publicly endorsed the new prayer groups or Shapiro's article. At the same time, the new practices have yet to be condemned by Modern Orthodoxy
Modern Orthodox Judaism
Modern Orthodox Judaism is a movement within Orthodox Judaism that attempts to synthesize Jewish values and the observance of Jewish law, with the secular, modern world....

's leading institutions. But insiders attributed the institutional silence to the trend being in its early stages, and said the changes were likely to be criticized by leading Orthodox rabbis.

Even Edah
Edah
Edah was a Modern Orthodox Jewish organization, generally associated with the liberal wing of Orthodox Judaism in the United States and with the Religious Zionism movement of Israel. Its headquarters are located in Manhattan, New York City....

 director Rabbi Saul Berman
Saul Berman
Saul J. Berman is a prominent American scholar and leading Modern Orthodox rabbi.As a rabbi, scholar, and educator he has made extensive contributions to the intensification of Jewish education for Jewish women on many levels, to the role of social ethics in synagogue life, and to the...

, who agreed to publish Shapiro's article in the spirit of open debate, said he could not accept its conclusions.

When asked if such a minyan would be granted membership in the Orthodox Union
Orthodox Union
The Union of Orthodox Jewish Congregations of America , more popularly known as the Orthodox Union , is one of the oldest Orthodox Jewish organizations in the United States. It is best known for its kosher food preparation supervision service...

, the union's professional head, Rabbi Tzvi Hersh Weinreb
Tzvi Hersh Weinreb
Rabbi Dr. Tzvi Hersh Weinreb is an ordained rabbi, a qualified psychotherapist and the Executive Vice President Emeritus of the Orthodox Union, the largest Orthodox Jewish organisation in North America; a position he has held since 2002....

, said that the matter would be referred to outside religious authorities, including the Rabbinical Council of America
Rabbinical Council of America
The Rabbinical Council of America is one of the world's largest organizations of Orthodox rabbis; it is affiliated with The Union of Orthodox Jewish Congregations of America, more commonly known as the Orthodox Union, or OU...

. The RCA's executive vice president, Rabbi Stephen Dworken, said that if the issue is ever raised, his organization would have to study it. Dworken added that he did not know of any "halachic authority who permits those types of activities."

Rabbi Yosef Blau
Yosef Blau
Yosef Blau is an Orthodox rabbi. He currently serves as the Mashgiach ruchani at Rabbi Isaac Elchanan Theological Seminary. He is also the president of the Religious Zionists of America.-Education:...

, a spiritual adviser
Mashgiach ruchani
Mashgiach ruchani or mashgiach for short, means a spiritual supervisor or guide. It is a title which usually refers to a rabbi who has an official position within a yeshiva and is responsible for the non-academic areas of yeshiva students' lives.The position of mashgiach ruchani arose with the...

 to students at Modern Orthodoxy's flagship Yeshiva University
Yeshiva University
Yeshiva University is a private university in New York City, with six campuses in New York and one in Israel. Founded in 1886, it is a research university ranked as 45th in the US among national universities by U.S. News & World Report in 2012...

, said that Y.U. and its affiliated seminary rarely adopt official policies regulating where students are allowed to worship, though they are expected to follow Orthodox teachings. But, he added, even when top members of the Y.U. rabbinical faculty do come out against a controversial practice, such as women-only prayer groups involving Torah reading, graduates often continue to chart their own course without being sanctioned.

Blau predicted that the current phenomenon was likely to generate more controversy than women's prayer groups if the practice becomes more widespread. He added that most Y.U. rabbis probably would object. In a thinly veiled reference to Shapiro, Blau said that no widely respected halachic arbiter had endorsed the recent attempts to expand women's roles

Rabbi Yaakov Ariel

Rabbi Yaakov Ariel
Yaakov Ariel
Rabbi Yaakov Ariel is the chief rabbi of the city of Ramat Gan, Israel and one of the leading rabbis of the religious Zionist movement. Ariel had served as the rosh yeshiva of the yeshiva in the abandoned Israeli settlement of Yamit in the Sinai desert until 1982 and is currently the president of...

, the chief rabbi of Ramat Gan, criticized these minyanim in Hazofe
Hazofe
HaTzofe was a Hebrew language daily newspaper published in Israel. In April 2007, it was reduced to weekly publication until its closing over a year later....

, arguing that they do not conform to Jewish law or to Orthodox ideals of prayer, in which men and women must be kept separate at all times. In his critique, Rabbi Ariel wrote that the violation of the "dignity of the congregation" involved refers to the sexual distraction that would be experienced if men and women were not kept separate. He argued that because this sexual distraction is part of human nature, waiving it is out of the question. He also wrote that there could be a problem of kol isha (hearing a woman's singing voice). He argued that partnership minyanim would cause a dispute that would result in a split in the orthodox community, and that women's participation harms the sacredness of the synagogue. Elitzur Bar-Asher wrote a rebuttal.

Rabbi Aryeh A. Frimer

Rabbi Aryeh A. Frimer, author of a number of scholarly works on the status of women in Orthodox halakha including Women and Minyan, wrote a critique of Rabbi Sperber's arguments in the blog post he entitled "Lo Zu haDerekh: A Review of Rabbi Prof. Daniel Sperber's Darka shel Halakha".

Rabbi Frimer briefly critiqued Mendal Shapiro's argument that kevod hatzibur can be waived, arguing that it was unwaivable both because women have been exempted from prominent communal roles out of considerations of modesty
Tzniut
Tzniut is a term used within Judaism and has its greatest influence as a concept within Orthodox Judaism...

, and because since in his view women are not obligated to read while men are, women cannot fulfill the obligation for men.

Rabbi Frimer had two main disagreements with Rabbi Daniel Sperber. His first disagreement was with R. Sperber's view that the Beraita in Megilla 23a ("but the sages say we do not call a woman...") reflected only a recommendation or advice. He marshalled authorities who held that it was obligatory with permission a leniency available only for an emergency. In his view these authorities had the better argument.

Rabbi Frimer's second and what he characterized as his most important objection was to R. Sperber's argument that kevod hatzibur could be overridden by the principle of kevod habriyot
Kavod HaBriyot
Kevod HaBeriyot כבוד הברייות Kevod HaBeriyot כבוד הברייות Kevod HaBeriyot כבוד הברייות (literally in Hebrew: "honor [of/due to] the [God's] creations (human beings)" also variously translated as "individual dignity", "individual honor", or "human dignity" (in a specifically Talmudic sense which...

. He strongly objected to the idea of kevod habriyot overriding a rabbinic decree in its entirety, arguing that the kind of embarrassment or shame that would make it possible to invoke kevod habriyot had to come from factors (such as excrement or nakedness) external to the decree that occurred only in limited circumstances. He argued that a rabbinic decree cannot itself be regarded as shameful or embarrassing. To permit a rabbinic prohibition to be characterized as an embarrassment, R. Frimer argued, would give anyone "carte blanch" to abrogate any Rabbinic prohibition simply by saying "This offends me." He said that "Such a position is untenable, if not unthinkable." Accordingly, he argued that "kevod ha-beroyyot cannot be invoked to nullify a rabbinic commandment, where the shame comes from the very fulfillment of the rabbinic injunction itself."
Take for example one who is invited to dine with his colleagues or clients, would we allow him to avoid embarrassment by eating fruit and vegetables from which terumot and ma’asrot (which nowadays is Rabbinic) have not been removed, or by consuming hamets she-avar alav haPesah, or by drinking Stam yeynam (wine touched or poured by a non-Jew). Or alternatively, suppose someone is at a meeting and is ashamed to walk out in order to daven Minha
Mincha
Mincha, מנחה is the afternoon prayer service in Judaism.-Etymology:The name "Mincha" is derived from the meal offering that accompanied each sacrifice.-Origin:...

. And what about prayers at the airport in between flights. Would we allow him to forgo his rabbinic prayer obligation because of this embarrassment? The answer is that in those cases where acting according to halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

- be it to not eat terumot and ma’asrot, or to not drink stam yeynam, or to fulfill ones prayer obligation – creates the embarrassment, then kevod ha-beriyyot cannot set aside the Rabbinic prohibition. One should be proud to be fulfilling the halakha.


After noting that R. Sperber "did what a Torah scholar is supposed to do" in making a creative suggestion and presenting it to the scholarly community for criticism and discussion, R. Frimer finished by criticizing those attempting to enact R. Sperber's views into practice immediately. "Considering the novelty of this innovation, religious integrity and sensitivity requires serious consultation with renowned halakhic authorities of recognized stature - prior to acting on such a significant departure from normative halakha." He concluded with a reflection that "the halakhic process is a search for truth - Divine truth" and stressed the importance of not adapting an approach "simply because it yields the desired result."

Liberal objections

Because liturgical roles in partnership minyanim are based on gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...

, some liberal Jews find partnership minyanim objectionable on egalitarian
Egalitarianism
Egalitarianism is a trend of thought that favors equality of some sort among moral agents, whether persons or animals. Emphasis is placed upon the fact that equality contains the idea of equity of quality...

 grounds. The Reform
Reform Judaism
Reform Judaism refers to various beliefs, practices and organizations associated with the Reform Jewish movement in North America, the United Kingdom and elsewhere. In general, it maintains that Judaism and Jewish traditions should be modernized and should be compatible with participation in the...

 and Reconstructionist
Reconstructionist Judaism
Reconstructionist Judaism is a modern American-based Jewish movement based on the ideas of Mordecai Kaplan . The movement views Judaism as a progressively evolving civilization. It originated as a branch of Conservative Judaism, before it splintered...

 movements, as well as most of Conservative Judaism
Conservative Judaism
Conservative Judaism is a modern stream of Judaism that arose out of intellectual currents in Germany in the mid-19th century and took institutional form in the United States in the early 1900s.Conservative Judaism has its roots in the school of thought known as Positive-Historical Judaism,...

, grant men and women identical roles in their synagogues, services, and leadership.

A test of the Partnership Minyan format at the Wesleyan University
Wesleyan University
Wesleyan University is a private liberal arts college founded in 1831 and located in Middletown, Connecticut. According to the Carnegie Foundation for the Advancement of Teaching, Wesleyan is the only Baccalaureate College in the nation that emphasizes undergraduate instruction in the arts and...

 Hillel
Hillel: The Foundation for Jewish Campus Life
Hillel: The Foundation for Jewish Campus Life is the largest Jewish campus organization in the world, working with thousands of college students globally...

 in 2005 led to significant objections among non-Orthodox students, with sophomore Erica Belkin calling it "a test of how far the Jewish community's pluralism and tolerance would extend" and junior Daniella Schmidt stating that "At Wesleyan, we make an effort to provide safe spaces for everyone, including those who prefer orthodox traditions like the mechitza. However, these traditions should not come at the expense of others’ safe space and inclusion."

Halachic Minyan guide

In February 2008, Elitzur and Michal Bar-Asher released a guide to partnership minyanim called Halachic Minyan
which the Jerusalem Post characterized as "the first official guide of its kind".

The guide, in addition to covering the issues of Torah reading and Shabbat services covered by the Shapiro and Sperber opinions, outlined women's participation in a variety of additional areas, the third aliyah to a daily Torah reading
Torah reading
Torah reading is a Jewish religious ritual that involves the public reading of a set of passages from a Torah scroll. The term often refers to the entire ceremony of removing the Torah scroll from the ark, chanting the appropriate excerpt with special cantillation, and returning the scroll to...

; serving as gabbai for a Torah reading; leading kabbalat shabbat and pseukei d'zimra, the tekiot for blowing the Shofar, leading piyuttim during the repetition of the High Holiday Amidah, and other areas. Audrey Trachtman, a board member of the Jewish Orthodox Feminist Alliance
Jewish Orthodox Feminist Alliance
The Jewish Orthodox Feminist Alliance was founded in 1997 with the aim of "expand[ing] the spiritual, ritual, intellectual, and political opportunities for women with the framework of halakha," or Jewish law...

, characterized it as "an exciting and important step" but as "a discussion, not intended to be uniform practice."

According to the Jerusalem Post, Ramat Gan Chief Rabbi Ya'acov Ariel responded to the publication of the guide by repeating a prohibition against taking part in a partnership minyan, saying that doing so is prohibited by Jewish law.

Alan Haber wrote an op-ed editorial in the Jerusalem Post criticizing the guide. He argued that the guide is "not a work of halacha" because:
  • The guide "utilizes sources selectively and partially, without regard to majority opinion or precedent."
  • It sometimes issues rulings "in express contradiction to the conclusion drawn by the authorities they cite as proof."
  • It assesses sources "tendentiously", seeking to find sources to justify a pre-determined agenda rather than to neutrally discern the intent of the earlier authorities.
  • Its authors are not rabbis, and are seeking to determine by lay decision-making matters on which Rabbinic Judaism defers to rabbis. ".


Calling this last point a "much more fundamental deficiency," Haber wrote that
More than anything else, Halacha requires submission to the authority of poskim - halachic decisors. One is free to choose a halachic authority who shares one's world view, and there is also room for debate about the exact scope and extent of the posek's authority. But Halacha is a system of law based on commandments; it is not source material for independent decision-making.".

Issues and perspectives in application

In the JOFA 10th Anniversary International Conference on Feminism & Orthodoxy (February 10–11, 2007), three members of these minyanim (Elitzur Bar-Asher, Michal Bar-Asher Siegal and Alanna Cooper), in a session under the title: "Beyond Women's Issues: Partnership Minyanim Engages Orthodoxy," discussed issues they encountered and approaches to resolving them in implementing this style of worship, as well as their personal ideological approaches.

See also

  • Chazante
    Chazante
    Traditionally, Jewish law has not allowed women to lead the prayer service in the synagogue. Even the Reform movement did not train female cantors until the early 1970s. Two forms of female cantors have developed:...

  • Shira Hadasha
    Shira Hadasha
    Kehillat Shira Hadasha in Jerusalem was founded in 2002 by a group of Jerusalem residents, including Tova Hartman. Its website describes its purpose as the creation of "a religious community that embraces our commitment to halakha, tefillah and feminism" in response to "the growing need of many...

  • Modern Orthodox Judaism
    Modern Orthodox Judaism
    Modern Orthodox Judaism is a movement within Orthodox Judaism that attempts to synthesize Jewish values and the observance of Jewish law, with the secular, modern world....

  • Jewish Orthodox Feminist Alliance
    Jewish Orthodox Feminist Alliance
    The Jewish Orthodox Feminist Alliance was founded in 1997 with the aim of "expand[ing] the spiritual, ritual, intellectual, and political opportunities for women with the framework of halakha," or Jewish law...

  • Role of women in Judaism
    Role of women in Judaism
    The role of women in Judaism is determined by the Hebrew Bible, the Oral Law , by custom, and by non-religious cultural factors...

  • Jewish feminism
    Jewish feminism
    Jewish feminism is a movement that seeks to improve the religious, legal, and social status of women within Judaism and to open up new opportunities for religious experience and leadership for Jewish women...

  • Mendel Shapiro
    Mendel Shapiro
    Mendel Shapiro, a Jerusalem lawyer and Modern Orthodox Rabbi, is the author of a halakhic analysis in which he argued that women could be called to read from the Torah in prayer services with men on Shabbat under certain conditions. He and his viewpoint became the subject of extensive dispute...

  • Daniel Sperber
    Daniel Sperber
    Daniel Sperber is a professor of Talmud at Bar-Ilan University in Israel, and an expert in classical philology, history of Jewish customs, Jewish art history, Jewish education and Talmudic studies.-Biography:...

  • Minyan
    Minyan
    A minyan in Judaism refers to the quorum of ten Jewish adults required for certain religious obligations. According to many non-Orthodox streams of Judaism adult females count in the minyan....

  • Torah reading
    Torah reading
    Torah reading is a Jewish religious ritual that involves the public reading of a set of passages from a Torah scroll. The term often refers to the entire ceremony of removing the Torah scroll from the ark, chanting the appropriate excerpt with special cantillation, and returning the scroll to...

  • Jewish services
    Jewish services
    Jewish prayer are the prayer recitations that form part of the observance of Judaism. These prayers, often with instructions and commentary, are found in the siddur, the traditional Jewish prayer book....

  • MigdalOr A partnership minyan in Washington Heights, Manhattan
    Washington Heights, Manhattan
    Washington Heights is a New York City neighborhood in the northern reaches of the borough of Manhattan. It is named for Fort Washington, a fortification constructed at the highest point on Manhattan island by Continental Army troops during the American Revolutionary War, to defend the area from the...


Further reading

  • Eliav Shochetman. Sinay 135-136 (2005), pp. 271–336 (Article by Hebrew University Law School professor criticizing Mendel Shapiro's analysis )
  • Daniel Sperber
    Daniel Sperber
    Daniel Sperber is a professor of Talmud at Bar-Ilan University in Israel, and an expert in classical philology, history of Jewish customs, Jewish art history, Jewish education and Talmudic studies.-Biography:...

    , The Path of Halacha, Women Reading the Torah: A Case of Pesika Policy, Rubin Mass, Jerusalem, 2007 (Hebrew)
  • Kevod Hatzibbur: Towards a Contextualist History of Women's Role in Torah Reading Nashim: A Journal of Jewish Women's Studies & Gender Issues - Number 12, Fall 5767/2006, pp. 261–288
  • "Dignity of the Congregation" as a Defense Mechanism: A Halakhic Ruling by Rabbi Joseph Messas Nashim: A Journal of Jewish Women's Studies & Gender Issues - Number 13, Fall 5767/2007, pp. 183–206
  • Tova Hartman
    Tova Hartman
    Tova Hartman is a Professor of Gender Studies and Education at Bar Ilan University of Ramat Gan, specializing in gender and religion, and gender and psychology...

    , Feminism Encounters Traditional Judaism: Resistance and Accommodation. Brandeis University Press, 2007. ISBN 1-58465-658-1.

External links




The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK