Monday, December 12, 2016

Is women's subordinate position obligatory, the optional ideal or temporary?


"She Should Carry Out All Her Deeds According to His Directives:" A Halakhah in a Changed Social Reality


by Rabbi Yosef Bronstein is a professor of Jewish philosophy at Yeshiva University’s Stern College for Women and Isaac Breuer College of Hebraic Studies (IBC) Honors Program.

Similarly, our Sages commanded that a man honor his wife more than his own person, and love her as he loves his own person ... And similarly, they commanded a woman to honor her husband exceedingly and to be in awe of him. She should carry out all her deeds according to his directives, considering him to be [like] an officer or a king. She should follow the desires of his heart and shun everything that he disdains. This is the custom of holy and pure Jewish women and men in their marriages. And these ways will make their marriage pleasant and praiseworthy.

— Rambam, Hilkhot Ishut 15:19-20



In his description of the ideal Jewish marriage, Rambam differentiates the interpersonal relationship between the husband and wife from the proper hierarchy that is to be put in place. While on the interpersonal level marriage is defined by love and mutual respect, the decision-making authority remains with the husband. The wife is enjoined to act in accordance with her spouse’s will, even in instances where she disagrees. Practically, this would mean that if a couple disagrees on issues ranging from where to live, choosing a school for their children, to simply whether or not to invite guests to a Shabbat meal, the final word would be the husband’s.[1] Obviously, this description does not accord with the manner in which Western society conceives of an ideal marriage.

As is often the case, Orthodox rabbis in modern times have grappled with this problem. Does Rambam really mean what he seems to imply? If so, are his words binding for all generations? Out of this conundrum, at least three distinct interpretive approaches emerge. Part I of this essay will outline these interpretations. Part II will then use this case study to analyze a broader conceptual issue. Though these interpretations originate in an attempt to resolve a single point of conflict between one line of Rambam and a social reality, important methodological and theological assumptions can be identified in each approach. In particular, I will analyze a central debate between R. Soloveitchik and R. Kook regarding how to navigate conflicts between the words of Hazal and a changed social reality.

Part I: Three Approaches

Rav Avraham Arlinger
The simplest approach to unraveling the tension between the Rambam and contemporary mores is to undermine the validity of one of these two poles. In this vein, R. Avraham Arlinger, the former Rosh Yeshiva of Yeshivat Kol Torah and the author of the popular series Birkat Avraham, forcefully rejects Western society’s conception of the authority-dynamic within a marriage and instead advocates adhering fully to the words of the Rambam. He writes the following:

In Tanna de-Vei Eliyahu [it states] “a proper woman is one who performs the will of her husband,” and it is cited in Rema in Shulhan Arukh (Even ha-Ezer 10:9). It appears that, since this is the way Hazal defined a proper woman, and without this quality she is not acting properly, it is fitting to educate girls from their young age for this [role], against the spirit of the time that women are partners with equal rights. Rather, they should act in accordance with the wisdom of Torah in all matters, i.e. that they are secondary (tefeilot) to men. Modesty regarding clothing is insufficient; [women] also need modesty of the mouth and heart, recognizing that in the future they will act based on their husband (see Rambam, Hilkhot Ishut 15:20), even regarding cases where her father’s behavior is different than the husband’s.[2] [...]

R. Aharon Lichtenstein
A second approach disentangles the tension by neutralizing the import of Rambam and relegating this halakhah to the realm of rabbinic advice which is not normative. While most of Rambam’s Code is clearly intended to be binding law, the above passage is introduced with the relatively rare phrase “the sages commanded.” R. Mordechai Willig, among others, surveyed Rambam’s usage of this expression and concluded that it refers to rabbinic advice as opposed to “a formal issur.”[4] Therefore, while Hazal, the Rambam felt, counselled a wife to ultimately submit to his opinion, this is not an obligatory model for Jewish marriage. As much as the original model was based on the counsel of the sages and not strict halakhah, a contemporary Torah sage can offer differing advice based on the changed societal circumstances.[5]

R. Aharon Lichtenstein presented a similar line of interpretation, though one broader in its scope.[6] He notes that there is little material in the Gemara regarding the proper relationship between husband and wife, and much of what does exist is internally contradictory. Even regarding the stories and statements that are recorded, R. Lichtenstein writes that traditional Jewish interpretation has not deemed them to be fully normative:

There exist, admittedly, some directives regarding some of these concerns. For the most part, however, they have been relegated to the realms of devar ha-reshut, an area not axiologically neutral but neither fully normative, with regard to which personal preference, with a possible eye upon meaningful variables, is characteristic. In a word, they are subject to the discussion, predilection, and decision of individual couples ... My point is simply that there is room for flexibility and mutual choice. Whether the character of a marriage is dictated by convention, contemporary mores, or conscious limning is another matter.[...]

R. Yehoshua Shapira
A third approach contends that the Torah allows for—and even anticipates—major developments in the husband-wife relationship over the course of history. Rambam, in the twelfth century, wrote that the husband should have the final word when disagreements arise. Situated as we are in a different stage of history, this position maintains, we need to find our marital guidance embedded in other Torah statements. For example, R. Yehoshua Shapira, the Rosh Yeshiva of Yeshivat Ha-Hesder Ramat Gan, was asked the following question:

“A proper woman performs the will of her husband.” [Does this mean that] a woman needs to be completely nullified without desires?

He responded as follows:

The Torah’s statement “and he will rule over her” is a curse and not a blessing. Throughout all of history this curse lay strongly on humanity and diminished the female personality. In a non-negligible way it caused the male to act like a ruler, causing, at times, the development of bad character traits. Towards the redemption we merit the removal of the curses in Genesis. [The curse] “[b]y the sweat of your brow you shall eat bread” is continuously dissolving.[7] Also, a large percentage of the dangers of childbirth and the pain of “in pain you will bear children,” is being solved with the help of medicine. So too regarding the verse “and he will rule over you.” We correctly feel that the change is taking place in our midst, but nowadays it is accompanied by a sense of anarchy as is the way of any fruit that the hard shell precedes the growth and only afterwards comes the sweet fruit about which the prophet said that in the future “female will encircle male.”[8]

R. Shapira sees the changes in Western society’s conception of the ideal power dynamic between husband and wife as the slow dissolution of a divine curse. Rambam records that a wife should submit to her husband’s will in part because of Eve’s punishment. This was reflected in the structure of marriages throughout history. Much, though, has changed. Nowadays, as the ultimate redemption draws near, the power of the curse is waning and the “pre-curse” reality of the ideal, separate-but-equal relationship is set to emerge. In such a reality, clinging to older sources as our sole navigational tools would be a rejection of redemption’s social manifestations.[...]

36 comments:

  1. How come Yaakov asks his wives whether they agree to leave Haran? How come Avraham does what Sarah tells him, although it is against his will, and this is even considered one of his nissionot?

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  2. Rabbi Lichtenstein, R. Willig and R. Shapiro's response are peculiar and unsupported and are an attempt to change Jewish views towards Western views rather sticking to Jewish views and laws.

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  3. Regarding Avraham - it was because G-d commanded him to listen to her. This has nothing to do with the topic

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  4. In being fair to, *Ve'ein hamikro yotze midei pshuto* you need to consider the context as well.

    The Torah’s statement “and he will rule over her”, to be politically more correct, a punishment rather than a curse! It is the transfer of power, and as people say, one man's find is another person's loss. We find similarly, *umalchusah yiten haMelech lire'ussa hatovah mimenah.

    Being as it may, it doesn't diminish the order of Command and Control, whereby, that benefit was transferred/gifted to the husband. To soften the blow, and so he should not take advantage of her just because he can, Chaza"l also commanded that a man honor his wife more than his own person, and love her as he loves his own person ... putting things into check and in balance. It is analogous with an Eved Ivri, although as a servant he is obliged to serve his master at his will, the Torah however also commands, *Lo sirdeh bo beforech*, in other words, handle with care and do not take this to the extreme, as the Mishnah lists out. At the end of the day, The Torah rules, and Hashem chose la'asher birtzono to the Husband.

    On the other hand, the Nachash was clearly cursed, the Isha was punished as listed, and for the pregnacy and birth pain, yet not specified as a curse. The Adamah again was cursed, and Adam was to bear the pain of growing weeds instead, having to toil, and eat bread with the sweat of his brow. Toiling is not a Mitzvas Asseh, rather a punishment. You can alleviate the pain/suffering through use of machinery and equipment or modern medicine, no violation there.

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  5. Rambam, Hilkhot Ishut 15:19-
    "Similarly, our Sages commanded that a man respect his wife more than himself, and love her as he loves himself. If he has financial resources, he should offer her benefits in accordance with his resources. He should never intimidate her. He should talk with her gently, being neither sad nor angry."

    The word used in the halakha to "respect" is the same used regarding respecting/honoring one's parents in the Torah. Clearly, the Torah requires immense mutual respect between huband and wife, mutual "subordination" if you like.

    Surely, the purpose of both halakha 19 (for the man) and 20 (for the woman) is to refine their characters teaching them humility and kindheartedness.

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  6. the requirement of כבוד is not the same for husband and wife

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  7. Respect is not subordination.

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  8. RAv Feinstein states the contrary in a passage you yourself cited.

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  9. This is right on topic. hashem explicitly commands Avraham to follow his wife, rather than ordering her to be subordinate to him.

    This would indicate at least that a woman should not listen to her husband when she is right and he is not.

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  10. A command from G-d in one case doesn't apply to all cases
    Seems it only applied to Avraham once

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  11. Since Yaakov understood that Lavan will not let him go, and if he doesn't consent with his wives, lavan will try to accuse him of kidnapping them, as he well did "vatnaheg es bnosay kishvuyos chorev". veka"l

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  12. Kavod is required from both sides. But this Kavod is to be expressed differently. For me, as a man to respect my wife more than myself, would require immense humility and kindness on my part towards my wife. For my wife, to respect me is halakha 20 requires, would also require great humility and kindness on her part towards me. So it seems to me that purpose of these halakhot is not to "subordinate" anyone but rather to teach both parties how to be humble and kind.

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  13. please tell me what the halacha says is how a man expresses kavod to his wife and how she expresses it to him - it is not simply the result of being humble and kind

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  14. Incorrect. Chazal and Shulchan Aruch do not pasken the Halacha based on that incident.

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  15. Halacha states that the wife is required to do what her husband tells her. The reverse is not halacha.

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  16. Right Moe. I'm certain your hashkafa is more clear minded and Torah true than some of the most respected and senior talmidei chachamim of this generation (the former two at least, not heard of R Shapiro). So no need to take what they say seriously, just more knee-jerk conservative response. Keep it up.

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  17. Those two Modern Orthodox rabbis are going against the consensus of not just the gedolei yisroel of their generation but that of thousands of years of Jewish practice as ruled upon from Chazal through the Rishonim and Achronim.

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  18. The halakhot are a package deal for the husband and wife. A man who respects his wife more than himself and loves her as himself, is unlikely to ask her to do anything that she will not want to do. The wife, on her part, having a husband that she KNOWS is more concerned about her than himself, will TRUST him and will be more willing to fulfill his requests. Chazal are simply teaching us through these halakhot what true love is between a couple: looking out for the best interest of the other party and helping the other party to develop and grow.

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  19. The halacha does not go into detail regarding man, he simply needs to respect her more than himself. The man should never humiliate his wife r allow her to be humiliated. He must look out for her interests: That is love. Now, because we men are not perfect, chazal advise the wife to treat us like kings and to do what we love and avoid what we hate. But this will not be perceived as subordination when she has a husband that she KNOWS is more concerned about her honor than his.

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  20. I think that you are making this up
    Not aware of any halachic source that says this

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  21. Which part that "The halakhot are a package deal"?

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  22. @progressive - you could just as well suggest that if a wife acts to her husband (and his requests, desires and commands) as a subject acts to his King, the husband will respect her more then himself and love her as himself.

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  23. what are you talking about?

    please look at the Rambam (Ishus 15:19-20) where he talks about כבוד. His description has nothing to do with what you are claiming .
    רמב"ם הלכות אישות פרק טו הלכה יט
    וכן צוו חכמים שיהיה אדם מכבד את אשתו יתר מגופו ואוהבה כגופו, ואם יש לו ממון מרבה בטובתה כפי הממון, ולא יטיל עליה אימה יתירה ויהיה דיבורו עמה בנחת ולא יהיה עצב ולא רוגז.

    רמב"ם הלכות אישות פרק טו הלכה כ
    וכן צוו חכמים על האשה שתהיה מכבדת את בעלה ביותר מדאי ויהיה לו עליה מורא ותעשה כל מעשיה על פיו ויהיה בעיניה כמו שר או מלך מהלכת בתאות לבו ומרחקת כל שישנא, וזה הוא דרך בנות ישראל ובני ישראל הקדושים הטהורים בזיווגן, ובדרכים אלו יהיה ישובן נאה ומשובח.

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  24. But from the fact that Sarah bothered offering an opinion in the first place it would seem that women are at least allowed to have an opinion (even if Avraham wouldn't ordinarily have listened

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  25. "Tav lemeisav tan-du . . ." notwithstanding, I don't know any woman/girl (in this day and age) who would knowingly enter into a relationship such as you describe above.

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  26. The halakhot have clearly endowed the man with the "leadership" role, so he needs to lead by respecting her more than himself and loving her as himself to make it possible for his wife to fulfill her role.

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  27. Not everything he tells her. For example in Rambam Ishut 15:17 "[A man] should never compel [his wife] to engage in sexual relations against her will. Instead, [relations] should be with her AGREEMEN, [preceded by] conversation and a spirit of joy."

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  28. You have raised many points. I will deal with one here. It seems from the source you mention that you are saying the "respect" of a man to his wife is more to do with his financial support for her clothing and nothing to do with his dealing with her with humility and kindness?

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  29. exactly! It is not me I am simply reporting what is said. If you have alternatives which speak about it the way you do - please mention them.

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  30. yes he should persuade her - doesn't mean she is happy with it. Just that she doesn't protest

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  31. They legally enter it whether "knowingly" or not.

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  32. Precisely. What else could you expect from stum Modern Orthodox rabbis? Yes, yes, they are/were roshei yeshiva for decades, whose lives revolved around the beis midrash, close talmidim of gedolei yisroel, who raised chashuve families of scholars and yiirei shamayim. But that's tefel to to the ikkar problem that they disagree with surface pshat in several mamrei chazal about the most complex aspect of avodas hashem ie creating a marriage. And now that Moe's paskened, there's clearly nothing more to say.

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  33. What is a mekach ta'us? Doesn't a person have to know what they are agreeing to?

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  34. What is a mekach ta'us? Don't people have to know what they are agreeing to?

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