Gevald!!! The sounds of silence after Gedolim approve the marriage of an eishes ish.

Disclaimer: I am willing to publicize any reasoned defense of the rabbonim and couple involved as well as any reasoned condemnation.

Update - My brother spoke a 2nd time with Rabbi Greenblatt - but he still refuses to divulge the names of the gedolim that he relied on in order to officiate at the 2nd marriage of Tamar Epstein - even though she has not been divorced from Aharon Friedman. 

This is very unfortunate as it seriously undermines the credibility of these rabbis who have been supporting her as well as the perceived competence of Rabbi Greenblatt.


Update    Background information

 marriage licenses issued in Memphis
 

         Adam P. Fleischer, 38; Tamar E. Epstein, 32.

For the last few years we have covered a number of unpleasant divorce cases. Cases where public relations have been used to compensate for the lack of halachic justification. Cases where respected gedolim have either chosen to ignore halacha or were unfortunately pressured to take a stance which not only has not halachic justification - but was clearly wrong according to the Shulchan Aruch.

Concerning one of the more notorious cases -that of Tamar Epstein - her rabbinic advisers claimed after 4 years of trying to pressure her husband to giver her a Get - with the aid of ORA and various rabbonim who had no jurisdiction in the case - that in fact there was no need for a Get. They claimed that the marriage was retroactively annulled because she and her family found that he was a bit socially awkward. Despite the fact that she had nice things to say about him she had decided that she could do better. 

After her husband Aharon Friedman refused to give a Get until more equitable custody arrangements were made - it was decided to get the young lady out of the marriage without a Get. The only possible justification that I can think of that they could rationalize is to rely on modern psychology. There are some who claim that it is enough to fit a diagnostic category in the DSM-V to be declared incapable of concluding a halachically valid marriage. However this is far from being an objective proof and in fact such a diagnosis by itself has no halachic significance. Anyone familiar with the DSM-V knows that it doesn't fit the requirements set down by Rav Moshe Feinstein. Nonetheless it has been confirmed that she has in fact remarried without a Get.

From  Wikipedia

While the DSM has been praised for standardizing psychiatric diagnostic categories and criteria, it has also generated controversy and criticism. Critics, including the National Institute of Mental Health, argue that the DSM represents an unscientific and subjective system.^[1] There are ongoing issues concerning the validity and reliability of the diagnostic categories; the reliance on superficial symptoms; the use of artificial dividing lines between categories and from "normality"; possible cultural bias; and medicalization of human distress.^{[2][3][4][5][6]} The publication of the DSM, with tightly guarded copyrights, now makes APA over $5 million a year, historically totaling over $100 million.^[7]

From  Wikipedia

Despite caveats in the introduction to the DSM, it has long been argued that its system of classification makes unjustified categorical distinctions between disorders and uses arbitrary cut-offs between normal and abnormal. A 2009 psychiatric review noted that attempts to demonstrate natural boundaries between related DSM syndromes, or between a common DSM syndrome and normality, have failed.^[3] Some argue that rather than a categorical approach, a fully dimensional, spectrum or complaint-oriented approach would better reflect the evidence.^{[65][66][67][68]}

In addition, it is argued that the current approach based on exceeding a threshold of symptoms does not adequately take into account the context in which a person is living, and to what extent there is internal disorder of an individual versus a psychological response to adverse situations.^[69][70] The DSM does include a step ("Axis IV") for outlining "Psychosocial and environmental factors contributing to the disorder" once someone is diagnosed with that particular disorder.

 Because an individual's degree of impairment is often not correlated with symptom counts and can stem from various individual and social factors, the DSM's standard of distress or disability can often produce false positives.^[71] On the other hand, individuals who do not meet symptom counts may nevertheless experience comparable distress or disability in their life.

So what does a woman do when one of the gedolim tells her that she has no need for a Get? What does that woman do when her rabbis say to trust them and get remarried without a Get? What does a man do when faced with the reality that he will be declared to be in an adulterous relationship as the result of the marriage? Is is an indication of great emunas chachomim to in fact remarry without a Get and face the reality that any children will be considered mamzerim? or is it stupidity?

A tree fell recently in Memphis - and there was no sound - because the rabbis don't want to hear about it. 

 =========================================================

My brother Rabbi Dovid E. Eidensohn just wrote the following:

Today Thursday Chol HaMoed Succos I received a call that Rabbi Notto Greenblatt  of Memphis married Tamar Epstein to somebody although she had no GET from Aharon Friedman her  husband.  I called Rabbi Greenblatt and he said that he had performed the ceremony. When I told him that great rabbis forbad the remarriage without a GET he replied that Gedolim had permitted her to remarry. He told me that if Rabbi Elyashev zt”l would disagree it would not change his mind, and that the rabbis who disagree with his “Gedolim” just have chutzpah. He asked me what a person like me has to do with this that I disagree with him. I told him that  the Gaon Rab Yosef Shalom Elyashev zt”l gave me a semicha to have a Beth Din for Gittin and further he gave permission for me to use his name for it.

 I called up a Rov who was intensely involved in the couple when they discussed their marital problems, and I asked him if there was any chance that the husband has some kind of defect that could have cancelled the marriage and thus allowed her to remarry. He told me there was no such defect and that if the woman has any children they will be mamzerim.

I quoted to Rabbi Greenblatt from him the pesak of Chazon Ish EH 99:12 that if the Torah does not require a husband to be coerced to divorce his wife but a Beth Din told the husband he is worthy of being forced to divorce and he gives the GET because of that statement, the GET is invalid. First it is invalid because the Torah did not require a coercion and the Beth Din did require a coercion. Thus, the Beth Din coerced the GET in violation of the Torah and the coercion is invalid and the GET is invalid. Secondly, the husband gave the GET under false pretenses thinking that he must be coerced to give a GET. Therefore, the GET is invalid by the Torah not just rabbinic level.  Anyone who learns carefully the laws of Gittin regarding this issue knows that there was no source to permit a married woman to just remarry and the “Gedolim” like Rabbi Greenblatt who permit these things are just making mamzerim. I wonder how many mamzerim Rabbi Greenblatt has made. Any woman married with his special inventions should ask a proper Beth Din if she is permitted to remain with her husband and if her children are mamzerim.

But the main problem is that married women cannot remarry without a GET or the death of their husband. Reb Moshe Feinstein was asked about a husband who was discovered to be strongly addicted to homosexuality and the wife ran away. He said that the great authorities of all generations had refused to permit her to remarry for various reasons. But he showed that in this extreme case there is room for leniency but since the great authorities disagreed with him he ruled that the woman must do everything possible to get a GET. Only if all fails does he permit this. And this only in this extreme case and with the understanding the no other great authority in centuries permitted it.

In this case , I spoke to the husband months before and he told me he would give a GET if the wife would allow him proper custody rights. Therefore, Reb Moshe would never have permitted her to remarry. Therefore, in this case, not only do all of the great rabbis of the generations forbid the woman to remarry without a GET, but even even if there were a preexisting disorder in this case, even Reb Moshe would not permit remarriage without a get because a get would be available if the custody arrangements were appropriate. Reb Moshe would forbid it until she gave in to the custody demands.

I can be reached at 845-578-1917 or eidensohnd@gmail.com.

Chief rabbinate rejection of US conversion ‘casts shadow over American Orthodox institutions’

JPost   A Jewish convert from the US who made aliyah to Israel had her conversion rejected by the Chief Rabbinate’s department for matrimony and conversion earlier this year, despite having a conversion approval certificate from a rabbinical court presided over by the head of the Beth Din of America, Rabbi Gedalia Dov Schwartz.

Although her conversion was subsequently approved by the Tel Aviv Rabbinical Court, the incident is the latest in a series of such rejections, which are being viewed in some quarters as a rebuff by the Chief Rabbinate of the legitimacy of Orthodox Jewish institutions in the US. Hauna, 24, converted in Minnesota in 2006 with senior Chabad emissary Rabbi Moshe Feller. She received a conversion approval certificate from the rabbinical court of the Chicago Rabbinical Council in 2009 before she emigrated to Israel in 2010. [...]

After making aliyah, Hauna became engaged and, six weeks before the wedding date, approached her local rabbinate in Herzliya to approve her Jewish status and register her and her fiancé for marriage.[...]

But Rabbi Itamar Tubol, the director of the department under the auspices of Chief Rabbi Yitzhak Yosef, wrote in a letter to the Herzliya rabbinate that “after verification and clarification the conversion needs to be checked by a rabbinical court as to the essence of the matter.” [...]

In a response to The Jerusalem Post, the Chief Rabbinate said that Feller was not authorized to serve as a rabbinical judge and that the various officials Tubol spoke with were unaware of his conversion activities.

The Chief Rabbinate added that because the conversion approval certificate was from Schwartz’s rabbinical court they had not rejected the conversion out right but passed it on to the Tel Aviv rabbinical court. [...]

Farber also argued that Orthodox conversions in the US have always been done by local rabbis and ad hoc rabbinical courts, and that the Chief Rabbinate’s refusal to rely on Schwartz’s conversion approval violated the terms of a deal worked out between the Rabbinical Council of America, with which Beth Din of America is affiliated, and the Chief Rabbinate in 2008.[...]

Why did Rabbi Nota Greenblatt condemn IBD for relying on a Ritva when he used a "heter" based on unreliable and halachically invalid views of a psychologist?

IsraelReader raises an important question. Rabbi Greenblatt just was mesader kedushin for a married woman based on a "heter" of the  DSM pychological diagnostic manual. Why should he be condemning the International Beis Din for Agunos for relying on a Ritva. Is a psychologist more authoritative than the Ritva?

=============================

http://daattorah.blogspot.co.il/2015/10/gevald-sounds-of-silence-after-gedolim.html

Strange, that R' the same Notta Greenblatt who allegedly presided at the marriage of Tamar Epstein, signed a letter of protest against the incompetence of the IBD. How do understand this?
http://daattorah.blogspot.co.il/2015/08/protest-against-incompetence-of.html

In other news:
http://www.onlysimchas.com/news/12660/memphis-welcomes-new-yeshiva

IsraelReader

Judge Dismisses Majority of Vaad’s Claim Against Kehot

Crown Heights Info

A portion of a “seemingly never-ending dispute” in New York Federal Court came to an end when a district judge dismissed a major part of a lawsuit filed by Vaad L’Hafotzas Sichos and Zalman Chanin against Merkos and Aguc”h over the printing of the Rebbe’s Sichos.

In a decision issued yesterday, the first day of Chol Hamoed Sukkos, senior district judge Frederic Block dismissed claims of copyright infringement and unfair competition which were brought by Chanin.

This lawsuit was originally brought by Vaad and Chanin as a challenge against Merkos’s trademark of the Kehot logo in 2001 and again in 2011 in federal court. The plaintiffs claimed that the logo was simply a ‘spiritual mark’ and was not that of a publishing house.

Both the U.S. Copyright Office and the United States District Court ruled against the plaintiffs and dismissed a lawsuit seeking $21 million, as well as granting Kehot exclusive use of their logo. The ruling was based on “the record [which] shows that both the Previous Rebbe and the Rebbe… each took the business steps that any trademark owner would take with respect to a trademark, including filing for protection of the mark under the laws of New York State.”

Now, in a twenty-six page ruling, judge Block noted that “For the third time, the Court is called upon to adjudicate an aspect of the seemingly never-ending dispute precipitated by the passing of the Lubavitcher Rebbe, Menachem Mendel Schneerson” and that “Even a matter as final as death is a subject of debate in the Lubavitcher community, with some holding the “heartfelt belief that, notwithstanding his physical passing in 1994, the Rebbe still lives.””

He went on to say “Though perhaps more mundane, the matter before the Court is no less fiercely disputed. At issue is the right to publish the Likkutei Sichos…”

Karbanos of Sukkos: Mathematical trick or Torah insight??

Rabbi Shlomo Pollack

The Yalkut ילקוט שמעוני relates to us, how a particular Amora - ר' ברכיה - counted up the cows- The פרי החג - to arrive at the correct 70 number....

It would seem we are being introduced to a mathematical method to count up consecutive numbers, commonly referred to as "The Gauss Trick". Indeed that is the explanation given by the זית רענן (commentary on the page).

Could it be, that we are actually be given an insight into the Karbanos themselves??....

For questions or comments please email salmahshleima@gmail.com

Rebbitzen granted right of privileged communication by Oregon court

Yated   Is a rebbetzin a religious leader? Or is the term an honorary title denoting nothing more than “wife of a rabbi?” 

The question lay at the heart of an unprecedented court case in Portland, Oregon, in which Mrs. Esther Fischer and Mrs. Sarah Goldblatt, two kollel wives employed with their husbands by the Portland Community Kollel, were subpoenaed in a divorce trial. The women were asked to disclose personal and confidential information they had received from the wife in the divorce case, which might have bearing on child custody issues coming before the court. 

The women responded that such information, including confidences shared in person, by letter, over the phone and through emails and texts, was protected by the statute governing clergy privilege, similar to the law granting attorney-client privilege. 

As rebbetzins in the Portland community, they said, their conversations with community members fell under the rubric of a state law protecting the confidentiality of information entrusted to clergymen. As advised by rabbonim, the women said they were not permitted to share personal information they had received from a woman they had taught or counseled.[...]

As the testimony and deposition continued, the atmosphere in the room seemed to change. The questioning came to an end and Judge Beth Allen, in an unusual departure from protocol, issued her ruling on the spot. 

“It seems pretty clear,” she said, “that the issue here is not about official ordainment as a means of identifying Orthodox Jewish clergy. The state is not in a position to dictate to religious organizations how to define their clergy. The key seems to be how the movement itself identifies its religious leaders.” 

“In Orthodox Judaism, where only men can be rabbis, men can have their confidences protected by the law when they talk to the rabbi. But what about the women who prefer not to talk to male clergymen about deeply personal matters and turn to women religious leaders for guidance? Is it reasonable that women who prefer to open their hearts to other women should be deprived of the law’s protection? 

“I don’t believe that is what the statute governing clergy privilege intended,” the judge concluded, granting the kollel wives in this precedent-setting case their motion to void the subpoena.[...]

Effectiveness of Psychotherapy for Depression Is Overstated, a Study Says

NY Times

Medical literature has overstated the benefits of talk therapy for depression, in part because studies with poor results have rarely made it into journals, researchers reported Wednesday.

Their analysis is the first effort to account for unpublished tests of such therapies. Treatments like cognitive behavior therapy and interpersonal therapy are indeed effective, the analysis found, but about 25 percent less so than previously thought.

Doctors have long known that journal articles exaggerate the benefits of antidepressant drugs by about the same amount, and partly for the same reason — a publication bias in favor of encouraging findings. The new review, in the journal PLOS One, should give doctors and patients a better sense of what to expect from various forms of talk therapy, experts said, if not settle long-running debates in psychiatry about the relative merits of one treatment over another.

Five million to six million Americans receive psychotherapy for depression each year, and many of them also take antidepressant drugs, surveys find. Most people find some relief by simply consulting a doctor regularly about the problem, experts said. Engaging in a course of well-tested psychotherapy, according to the new analysis, gives them an added 20 percent chance of achieving an even more satisfying improvement, or lasting recovery. Before accounting for the unpublished research, that figure was closer to 30 percent, a difference that suggests that hundreds of thousands of patients are less likely to benefit.[...]

The way to think about the results, Dr. Hollon said, is that antidepressant drugs and talk therapies are modestly effective, and the combination is better than either approach alone. But for those who do well or fully recover, “psychotherapy, particularly cognitive behavior therapy, seems to be most effective in cutting the risk for a relapse long-term,” Dr. Hollon said. [...]

Nachlaot abuse scandal - What is the significance of an apology?

I received this document and comments today

Thought you might find this interesting and would like to post it on your site.  This was posted in the neighborhood of Nachlaot during the 10 days of Tchuva.

It obviously raised many questions. 

1. If M is writing a letter of apology stating that SKV is innocent of what he thought she was guilty of as is implied in the Hebrew, does this mean that he no longer believes his children were molested by a cult to convert them to Christianity? (Since she was believed to be the head of this cult?)

2. If this is true, where does he draw the line of reality and rumor?

3. What implications does this have for Rav Berkovitz in his belief of what he is claiming in Sanhedria?

Around the same time that this apology was put up, most of the material on Rotternet was taken down. 

Regards, and Chag Sameach

YNET reporter infiltrates the Taliban women of Jerusalem

Learning that touches the heart and soul by Allan Katz

Va'yelech 74 Hakhel - Learning that touches the heart and soul

 Guest post by Allan Katz

The Parasha-Portion of Va'yeileich - Devarim- Deut. 31:10-13 deals with the mitzvah of ' Hakhel where the king read passages from the Torah in the presence of the whole nation. All the men, women, and children - including infants had to attend the event. It was a re-enactment of giving of the Torah on Mount Sinai. It took place in the temple in Jerusalem after the Sabbatical year during the festival of Succoth, once in 7 years. The Shmittah -Sabbatical year and Succoth allude to God's divine protection and providence, and Israel's faith and loyalty to their God.

The Talmud – Cha'giga 3, asks why the ' infants- ha'taf ' had to attend? Two answers are given. Even if these infants do not benefit directly from the ' hakhel experience', their parents and especially their mothers are credited for bringing them. The underlying reason is - by bringing their infants and making sure every person would be present at this event, they show an appreciation of the importance and centrality of the Torah for the Jewish nation and for future generations. The Talmud – Masechet Sofrim adds the following reason - there is in fact a benefit and intrinsic reward for the infants themselves from the Hakhel experience. People would according to their intellectual levels and obligations, either engage in studying the words of the Torah, or just listen to the reading of the king, but all would be emotionally moved by the ' Hakhel ' experience which would make them more appreciative of the wonder and awe of God, to love his law and be more committed to God and his Torah. The Malbim explains that the toddlers and infants will be affected emotionally in a bigger way than the adults by the incredible atmosphere of fear and love for God and awesome sight of millions of Jews standing united for hours for the sole purpose of hearing the lessons that the king is reading from the Torah. Their lack of intellectual understanding allows the imagination to make an indelible impression of what they see and experience. This experience is intrinsically valuable as it will contribute to the love and fear of God when they become obligated to do the mitzvoth.

The purpose of the Hakhel experience is to move people emotionally, so that their learning experience will touch their hearts and souls and motivate them to higher levels of love and fear of God. The big events such as the festivals do the same thing and give us an ' emotional lift' out of our routine existence. But our aim should be that all our learning and experiences should touch our hearts and souls.

When it comes to our kids' education, people are becoming aware of the importance of social-emotional learning to help kids regulate their emotions and improve their social skills, but no attention is being paid to something equally important – that a kid's learning should touch their hearts and souls. The reason that this does not happen is that learning is driven by extrinsic motivators like grades and competition. Kids, parents and teachers focus on how well kids are doing, and any emotional input is put into the ' good job' praises or expressions of disappointment. Instead success or failure should be experienced only as information. This allows parents and teachers help kids to focus on what there are doing and learning , making meaning of what they are doing, sharing their learning and learning from others , and ' connecting to ' the learning so that the learning touches their hearts and souls. Instead the emotional connection is not with the learning but with the grade or position in the classroom rankings.

Curriculum should be based on kids' interests and what is relevant and meaningful to their lives. They should be expressing their opinions and perspectives in the context of a caring, cooperative learning community and not just giving the answers that teachers want. In this way they will develop a love for learning, act on newly acquired knowledge in other areas as well and show a commitment to the values underlying their learning. They should be hearing stories of real people whose lives give expression to lessons learned and they should also tell their own stories and share their own experiences. The Mitzvah of ' Hakhel' comes to remind us to open our hearts to our learning and that all learning and experiences can and should touch our hearts and souls and those of our children and students.

Rambam - Two Perspectives - Dr. James Diamond and Dr. Dov Friedberg

The embedded video doesn't seem to work. Use the link below to go directly to the site
Koshertube

The latest big sexual assault survey is (like others) more hype than science

Washington Post

Stewart Taylor Jr., an author,  journalist and Brookings Institution nonresident senior fellow, is writing a book with KC Johnson about the alarm over campus sexual assault. Taylor disagreed with the conclusions of one of the largest surveys of sexual violence and misconduct on campus and the way it was reported by the media

“Survey: 1 in 5 women in college sexually assaulted.”

This headline, on The Washington Post’s long Sept. 21 article about a large survey of students at 27 public and private universities across the country college, is false.

Although the survey, by the Association of American Universities (AAU), was itself deliberately designed to exaggerate the number of sexual assaults on campus, even the AAU said that “estimates such as ‘1 in 5′ or ‘1 in 4′ as a global rate” across all universities is [sic] oversimplistic, if not misleading.”

This is not to suggest that The Post misrepresented the AAU survey’s findings any more than did most major news media. Such advocacy-laden surveys on campus sexual assault — and breathless media reports overstating their already exaggerated findings — have become the norm in this era of hysteria about the campus sexual assault problem.

The problem is no doubt serious, if shrinking. But it has been vastly exaggerated by the Obama administration, anti-rape activists, their media allies and universities pandering to them. It’s no surprise to see the AAU joining this chorus.

Below are three ways in which the 288-page AAU survey report is grossly misleading, as are others like it and the credulous media coverage of them all.

First, the extraordinarily low response rate of students asked to participate in the AAU survey — 19.3 percent — virtually guaranteed a vast exaggeration of the number of campus sexual assaults.

Even the AAU acknowledged that the 150,000 students who responded to the electronic questionnaire were more likely to be victims of sexual assault than the 650,000 who ignored it because “non-victims may have been less likely to participate.” [...]

A more reliable estimate came in 2014 from the Justice Department’s annual National Crime Victimization Survey: No more than 1 in 160 (0.6 percent) of college women per year — or 1 in 32 (3 percent) over five years — are sexually assaulted.[...]

A Review of International Beit Din for Agunos - Case 105 by Rabbi Sasson

I was just informed of an excellent article which provides a cogent analysis for the layman of the halachic errors found in one of the IBD's rulings - Case 105. It explains why there are such strong objection to the IBD by Rav Schachter and other major talmidei chochomim - and that it isn't a case of eilu v'eilu. 

The article appears in the September 22  edition of Torah Musings

I am just going to quote part of it - clink on the above link for the full article.

==============================================================

As the controversy surrounding the International Beit Din (“IBD”) continues to swirl, there is some confusion among the general public regarding the nature of the objections to the IBD. While Batei Din have disagreed from time immemorial, this particular disagreement is qualitatively different, not just a disagreement about conclusions but a disagreement about competence. Leading dayanim have declared the IBD incompetent to decide aguna cases, but their reasons are still unknown to the general public.

Rav Hershel Schachter published a letter encouraging his students and colleagues to not rely on IBD rulings, to which other dayanim across the country added their agreement.¹ Specifically, Rav Schachter challenged a particular ruling relying on a well-known opinion of the Ritva. This is a reference to the IBD psak (ruling) on Case 105 (from here on: Psak 105), available in both English and Hebrew on the IBD website.² The IBD website tells us that “This psak is representative of several decisions handed down by the International Beit Din.”  

Additionally, Rabbis Simcha Krauss and Yehuda Warburg of the IBD have written with regard to Psak 105 that “This psak din as well as other IBD decisions are available for public scrutiny on our website.”³ As such, it seems appropriate to subject Psak 105 to the examination which Rabbis Krauss and Warburg have invited. I strongly encourage any reader not to take my word, but to read the English and Hebrew versions of Psak 105 in conjunction with this review. This review will assume that the reader is generally familiar with the contents of Psak 105, including the background and final decision.

First, a disclaimer: I am under no delusion of being a halakhic decisor. I am certainly not qualified to issue a psak in the complex areas of Even Ha-ezer and heter agunot. As such, this review will not engage in detailed analysis of the various halakhic issues involved. The purpose of this review is to identify the crucial halakhic issues that a complete and coherent psak crafted by a qualified and competent Beit Din would necessarily address.[...]

Ramban's view of sexuality explained by Prof James Diamond's

The following are excerpts from the beginning of Prof James Diamond's article  about the significance of having two genders and sexuality in the Torah. The full article is available for free from Academia.  I found it very thought provoking but am not claiming anything else. For those of you who don't like academic articles or don't want to read something mixed with the views of heretical scholars - this is not for you.

 Nahmanides and Rashi on the One Flesh of Conjugal Union: Lovemaking vs. Duty

 Harvard Theological Review  102:2 (2009) 193–224 

 [...]

The argument that ensues in this article will demonstrate, firstly, that a prominent example of this feature of Nahmanidean exegesis pertains to the domain of interhuman relations. Here I will focus particularly on those “truths” his exegesis discloses about the spousal relationship. Secondly, Nahmanides’ view of the spousal relationship is offered as paradigmatic of his kabbalistic theology, which not only does not displace its concrete social, psychological, anthropological, and juristic realia, but actually complements them. Thirdly, the case will be made that Nahmanides’ narrative exegesis, with its overarching quest for the plain sense of the text, is not intended simply to sate his readers’ intellectual and literary curiosity but also practically shapes his normative positions. In this particular context I will explore how his exegetical construct of a primordial composite human being, its gendered bifurcation, the definitive ideal of spousal union, the subsequent relational tensions between man and woman, and their conflict and resolution into a gendered hierarchy, all dramatized by the Garden of Eden narrative, inform his normative framework for the conduct of conjugal duties. […]

Nahmanidean metaphysics envisions a dynamic interplay within the internal recesses of the Godhead consisting of an ebb and flow of energy exchanged between its female and male potencies. The perpetual struggle for a proper balance between the two infuses the narrative relationships between their earthly counterparts of man and woman with far more significance than they otherwise would have.10 Although others have noted the mystical enhancement of the sexual act in the kabbalistic tradition,11 studies of this aspect of kabbalistic thought have tended to focus on the precise identification of sefirotic allusions and symbolism. Insufficient attention has been paid to the model God poses simply as a unitary being (albeit, paradoxically, a dynamic one consisting of sefirot, or intradeical emanations) in his engagement with and governance of the world. As Gershom Scholem put it, “In its totality the individual elements of the life process of God are unfolded yet constitute a unity.”12God’s macro-relationship with both the world and Israel presents an archetype for imitatio dei in the micro-relationships between human beings and, in particular, between opposite genders. […]

The first negative divine assessment of God’s creation is of the lonely condition of the male deprived of female companionship in the second chapter in Genesis. All other creations were judged “good,” whereas this single product of the originating process is “not good”—“for it is not good for man to be alone”—prompting a corrective creative measure: “I will make for him a helpmate” (Gen 2:18). The exegetical question posed by this particular verse is what precisely is “not good” about the solitary state of man. For Rashi the phrase “not good” expresses a grave theological concern that man’s presence as the sole representative of his species on earth will miscast him as a singularity leading to his deification: “That they should not say, ‘there are two powers: God is unique among the higher beings as he has no partner, and this [man] is unique among the lower since he has no partner.’”16 […]

Nahmanides, on the other hand, sees the “not good” as an existential malaise of Adam’s resulting from his being a single composite entity of male and female.17First he accedes to the rabbinic opinion that original man was created with two faces, male and female back to back:18 “It is likely that this account is according to the one who holds they were created with two faces.” He then explains the mechanics of self-reproduction: “and they were made to have the natural means whereby the reproductive male organ would enable the female reproductive organ to give birth.” Once the anatomical features of this primal being have been determined, Nahmanides addresses God’s assessment of its value and identifies that facet which elicits God’s not good, and he explains how “I will make him a helpmate opposite him” responds to the problem. God realizes that “it is good that the mate stand opposite him so that he can see it and either separate from it or unite with it according to his will.”19 It is crucial to note that since Nahmanides establishes a possible procreative biology of the primordial androgynous being, it is not the negative prospects for propagation of the species that he views as the problem. What is problematic about this original condition is the permanent state of unity between the male and female and the lack of choice to either form or sever a relationship with another human being. The “good” of the human species is that there can be both separation and union between the sexes, each instigated by an independent exercise of will. We have here none other than a definition of man as a relational being whose “goodness” lies in his capacity to enter into and leave relationships.20 On this issue Rashi exhibits no concern for the relational facet of man, while Nahmanides is keenly sensitive to the vacuity of a life devoid of the other where relations are a static given rather than attained and maintained. It is important to note here that I do not intend to portray Nahmanides as a liberal advocate of equality between the sexes but only to emphasize his appreciation for the complexity of human relationships.■