NASHIM NO. 21: Women in the Responsa Literature, Consulting Editor: David Golinkin
The responsa literature – compilations of legal opinions written by rabbis in response to specific queries or cases – is one of the largest branches, if not the largest branch of Jewish literature. With their descriptions of actual cases that came before the rabbis, starting from about 500 CE and continuing right up to the present day, responsa are a fount of information about Jewish women on a host of topics, such as marriage, divorce, agunot (women who remain “chained” to missing husbands in the absence of a religious divorce), widows, fertility issues and child-rearing, women in the synagogue and women in business. This issue of Nashim includes articles about women in the responsa literature, focusing on a broad topic, a specific geographical area or a specific set of responsa. How are women portrayed? What can we learn about their lives? How were they viewed by rabbis and by their societies? Can we hear their own voices in the testimony they gave before religious courts (batei din)? How did and do these rulings affect their lives?
The articles that appear in this issue of Nashim can be conveniently divided into four categories. The first two articles, by Debby Koren and Julie Lieber, analyze responsa by two famous meshivim (responders): Rabbi David b. Solomon ibn Abi Zimra (Spain, Israel and Egypt, 1479–1573), in a case of a woman who had lost her get (writ of divorce) as a result of the expulsion from Spain; and Rabbi Eleazar Horowitz (Vienna, 1803–1868), in two very unusual cases of women who had sex with men other than their husbands but claimed it was innocent (sic!).
The next three articles deal with the participation of Jewish women in public rituals and Torah study in the modern era. My own article is a timeline of 41 events related to this topic from 1845–2010, offering seven general conclusions that can be derived from it. Norma Joseph translates and analyzes a well-known 1976 responsum by Rabbi Moshe Feinstein (Lithuania–New York, 1895–1986) regarding the permissibility of women wearing prayer shawls in the synagogue. Jessica Rosenberg analyzes and compares three more recent teshuvot by Rabbis Mendel Shapiro, Gidon Rothstein and Shlomo Riskin regarding aliyot for women.
The following section features two debates relating to sensitive issues in the realm of medical ethics: abortion, and the use of hormones for religious rather than medical purposes. Alan Jotkowitz responds to a Hebrew article by Ronit Ir-Shai about abortion and maternal need in the responsa literature, with a brief response from Ir-Shai. Tova Ganzel and Dina Zimmerman write about the ethics of using hormones to delay ovulation in order to overcome “halakhic infertility” caused by the observance of the laws of nidah, with a response by Rabbi Haviva Ner-David.
Finally, Michael Pitkowsky offers a preliminary study relating to the effect of the internet on the responsa literature as a whole, by comparing the number and type of questions which women asked of Rabbi Moshe Feinstein, of the Sefardic responder Rabbi Hayyim David Halevi (Israel, 1924–1998) and of the Hebrew website www.kipa.co.il.
These new studies barely scratch the surface of the topic of “women in the responsa literature,” but it is hoped that they will serve as a catalyst for future articles, dissertations and books on this neglected corpus, which can serve as a goldmine for Jewish women’s and gender studies.
David Golinkin is President of the Schechter Institute of Jewish Studies in Jerusalem, where he holds the Jerome and Miriam Katzin Chair in Jewish Studies and is also director of the Center for Women in Jewish Law. He has published some 40 monographs and edited volumes and 200 articles, including his book The Status of Women in Jewish Law: Responsa (Hebrew) and the volume Za‘akat Dalot: Halakhic Solutions for the Agunot of our Time (Hebrew), of which he is co-editor.