Monday, March 23, 2009

OU Transliteration Humor

It's nice when a blog people actually read picks up on important news like the OU's kitniyot waffling on quinoa.

In my last post, I pointed out the different spellings of kitni[y]?o(t|s|th) on the same site, and had simply assumed that there were just a lot of articles with different authors and no style guide. I could easily excuse the headline writer of this article for not carefully reading the article. What I hadn't noticed last time is this page (which is very similar, but not identical to, the content of the PDF Passover Guide), which includes all of the following words, all within two paragraphs:

Why not just throw in some "kitnios" for good measure?

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Sunday, February 24, 2008

The Partnership Minyan Gabbai Guide

It's well known to readers of this blog that my feelings about partnership minyanim (aka, 10+10's) are ambivalent. On the one hand, they are progressive from the Orthodox feminist perspective, in that they allow women some public role in the service. It appears to me that the partnership minyan has quickly been replacing the womens' tefillah group as the preferred way for women to participate in an Orthodox-style service. The partnership minyan may be contrasted with womens' tefillah groups, which have some characteristics that resemble communal prayer, but always seemed (to me, anyway, having never attended one for the obvious reason) as a kind of play-service, where it is made known (through liturgical changes and omissions) to everyone in attendance that none of the additional parts of the service that look like the activities reserved for a minyan really “count” the way they would have had a minyan of men been present. The partnership minyan, on the other hand, is a “real” service, and, in most cases (see below), where women are allowed to do something, what they do “counts” equally. On the other hand, from the perspective of a full-egalitarian, they are regressive, in that women are only allowed to lead parts of the service which are less important (see below for more about that characterization). Perhaps some of my ambivalence is in seeing these minyanim attract people who might otherwise daven in a fully egalitarian style, where womens' position really is (for the most part) considered equal to mens', whereas the partnership minyan still leaves women in an awkward communal position.

Our local partnership minyan linked to the Guide for the 'Halachic Minyan', effectively, a guide for the gabbaim of partnership minyanim to determine what parts of the service they decided women can definitely lead. The guide also gives a brief description of the rationale behind the movement and behind its halachic methodology. The basic assumptions of the partnership minyan, as expressed or implied by the guide, are that women are obligated in prayer (that is, they may pray any time they want), not obligated in specific prayers, nor are they obligated in the separate mitzvah of communal prayer, nor any other time-bound positive commandments. These are absolute constraints, and women cannot accept them upon themselves and become equally obligated. The goal of the enterprise is to maximize womens' participation under these traditional constraints, resulting in a wholly non-traditional form of congregational prayer.

The guide consciously expresses what women can lead in the positive, and is careful not to say “a woman does not lead” any part of the service. Instead, it expresses the same idea as “a man takes over at ...”, describing a practice instead of prescribing halacha. The guide leaves open the idea that increased permission may be discovered at some future time. The guide seeks to rely only on the direct and plain meaning of the halachic literature it uses as its sources, and only uses sources which explicitly permit women to perform the ritual function in question, without making any logical inferences or any original innovations (with respect to halachic issues, but not with respect to stylistic ones). Minority opinions in the literature may be relied upon, even if they contradict traditional practice. In that way, the guide functions as a sort of clearinghouse of permissive rulings in the literature on the issue of womens' participation. The rejection of innovation of new halacha is perhaps the abstract concept that separates the bases of partnership minyanim from fully egalitarian minyanim.

The abstract conception of the position of a woman in the community is also a primary difference. This can be demonstrated by the guide's answer to a question I brought up in a previous post. Namely, what should be done when 10 men are present and fewer than 10 women are present. In comments on that post, most defenders of the partnership minyan movement said that the group should wait or continue to daven as if no minyan were present (even though all agree that a halachic minyan is present in the room). A few indicated that they had seen such a practice followed. That position struck me as strange, given that the group is already making an assumption that communal prayer is a separate obligation from prayer itself. The guide instructs as follows:
Whenever a minyan is required, it is common practice, to wait for 10 men and 10 women to start pray[sic] (as long as the time of tefilla [Zman Tefilla] has not passed) besides when women are counted for a minyan such as in the case of megilah reading on Purim. (emph added)

As I argued in my previous post and its comments, the function of the 10 women is to hold up an already-present halachically-valid minyan of 10 men, not to contribute positively toward a minyan of 20. The 10+10 custom is acknowledged to be secondary to the halacha, a position that is fully consistent with the current assumptions of the movement. It does, however, support the conception that the function of women in a 10+10 is subtractive, not additive.

The idea that men are given primacy over women, even for things they are otherwise allowed to do is still present, at least in some congregations (eg, in the divisions of aliyot — “some congregations reserve a majority of aliyot for men” on the basis of Rema OH 282:3). A similar note indicates that some congregations reserve the first two aliyot for men when a kohen or levi is not present. (If the kohen/levi precedence for the first two aliyot is considered to be a purely historical artifact, then only men would take the first two aliyot, even in a fully egalitarian minyan.) The movement, although it has gone a long way [over traditional Orthodox practice] in allowing limited womens' participation, has not completely abandoned the idea that womens' participation in prayer services is a denigration of the honor of the congregation. By citing these halachic sources, the movement implies that women are, at best, ancillary members of the congregation (which is traditionally defined as the men only).

I often characterize the services at partnership minyanim as ones where “women do things that aren't important.” The guide divides the service into three categories. The first category is that of parts of the service that women can lead — those that may be left out of the service, or may be led even by a child. The other two types are parts in which womens' participation may be considered problematic or is apparently barred. The methodology used for approaching the second and third categories is a bit more instructive than the first. Where sources are found for womens' obligation (such as Hallel on the first night of Passover), they are allowed to participate equally. Another method used for finding room for womens' participation, where it is deemed possible, is to find halachic opinions that reduce the level of obligation associated with the particular prayer such that it no longer has communal importance. An alternative approach is used for Hallel on Festivals, in which it states that the leader need not fulfill the congregation's obligations.1 Parts of the service containing devarim sh'biqedusha are (as of now) non-negotiably led entirely by men. Some partnership minyanim have adopted the practice of assigning any part of the service (excluding the Torah reading) that can be led by women to a woman. This essentially divides the entire service leadership on the basis of gender. In a sense, it is inclusive, but counter-egalitarian.

The partnership minyan movement also calls itself “halachic egalitarian” (a term full egalitarians do and should consider objectionable). The guide goes through considerable trouble to defend the use of the term:
This guide does not refer to parts of the tefillah that are categorized as devarin shbiqdusha, in which the chazzan fulfills the congregation's obligation. It is not our intention to claim that communities in which women lead these parts of the prayer are not halachically justifiable. ...
In conclusion, a word about the name “halachic minyan.” The congregations for which this guide is intended have been described by many names. From among them this name has been chosen as it is meant to describe the essence of the process by which the practices of these congregations are determined and the nature of their connection to the tradition of halachic decision making. Halachah is the basis upon which we stand. With the chosen name we mean to convey that, despite our departure from traditional practice to include women, we may only innovate as far as the Halachah, as recorded in the writings of traditional decisors, permits. The name thus functions descriptively, not contrastively. We do not at all mean implicitly to denigrate other practices and movements as non-halachic.

It is difficult to parse out an entirely positive interpretation of the name, without it being a comparative term. Did not the movement which calls itself “traditional egalitarian” jump through hoops to justify their practice within halacha (albeit under a moderately different set of halachic assumptions)? The guide leaves open that it is not a final answer to the question of womens' participation, and that further progress innovation allowances may be made discovered in the future. Both movements essentially started with a goal and trawled the literature for their defenses. Both accept that minority opinions in the literature may be relied upon, and may even overturn traditional practice.

1 I once attended an Orthodox service on a Festival night following Shabbat at a college Hillel, where the custom in the Hillel's dining hall was for a woman to make kiddush at the meal, and for a man to lead birkat hamazon. (This was clearly a concession to the Orthodox minyan which did not want women leading birkat hamazon). The Orthodox minyan held that a woman could not fulfill the congregation's obligation (the partnership minyan gabbai guide says that they may). The gabbai of the minyan made an announcement after services, which essentially said that the kiddush and havdalah that would be made later by a woman would not fulfill everyone's obligation and that they should all say it for themselves. Had I been the woman making kiddush, I would have found that announcement mildly insulting, even though I could fully appreciate the halachic basis. I would hope that the partnership minyan could handle this issue more tactfully.

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Thursday, January 31, 2008

In defense of one oven

One friend (who will remain nameless to protect the guilty) made the claim that our kitchen is not kosher because we use one oven for milk and meat. Not that it was not in accordance with her stricture. But, that it was not kosher.1. I went ahead and made the claim that the idea that one needed a separate milk and meat oven is one of the piled-on modern chumrot. I underestimated the amount of time that it took to enter halacha. I originally put it at about 40 years (see below), but it turns out that the theory can be traced to a longer-running dispute that I'm not sure how much significance it had for practical halacha.

The Internet has some very good resources. 2

As you can see from the sources (I won't repeat the details, if you want them, see the links above), the primary problem that is discussed in the literature until the Rema (16th century) is cooking kosher and non-kosher in the same oven simultaneously. The Rema inserts that milk and meat and kosher/non-kosher have the same laws, and that consecutive use under the same covering might be problematic because the steam (not the "aroma," which is essentially halachic cooties) from one food might change the status of the other. The ensuing halachic debate revolves around how steam transfers food-gender. Does it only work directly (from one steamy pot to another above it)? Does it work indirectly (from one steaming pot to anything else in the same enclosed atmosphere)? Does it work through enclosures? Does steam embed in the oven? Do all hot things produce steam with the same halachic status?

It also appears that "steam" the Rema is worried about is an actual physical entity, not halachic cooties. It is directly analogized to the condensation that appears on a pot cover. Note also that this explains the Rosh's (13th century)3 seemingly paradoxical conclusion that steam doesn't affect hot pots, where one would ordinarily expect that heat would worsen the transfer: water doesn't condense above its boiling point.

Our approach is never to cook or heat milk and meat in the same oven at the same time, and to allow the oven to cool down before switching genders. It is cleaned if recognizable food particles are present. In practice, it is an implementation of the Aruch Hashulchan's position, but, in theory, it's somewhere between those of the Aruch Hashulchan and Lichtenstein/Feinstein's. The added chumra is that even if the steam from consecutive use is important, we are worried about an actual physical entity. The actual steam from food is evacuated when the door to the oven is opened to remove the food (and the air inside exchanges with the air outside), and that if anything recognizable condenses during the cool-down cycle, it can be cleaned.

As noted in Rabbi Mordechai Broyde's article, the Aruch Hashulchan's position "was the custom in Eastern Europe a century ago."

In fact, three of the four practices with halachic-literature bases ((1) use the same [clean] oven for both, but not at the same time (2) use the same [clean] oven for both, with a 24 hour waiting period OR one hour at maximum temperature in between, (3) use the same [clean] oven for both, covering either dairy or meat liquids,4 (4) not using the same oven for both unless one is double-wrapped) allow the same oven to be used for milk and meat, with only the procedure for their use varying.

The practical implication is that it's possible to have a fully functional and fully kosher kitchen without being super-wealthy. That is, until the chumra police make you need a second oven.


1 Actually, she compared eating at our house to "eating out" (in the Jewishism sense), and effectively treats food we cook as treif. It was later modified to a "lower level transgression" instead of actual treifness.

2 For other resources, one wonders if they deliberately archaize the text ("a housewife should...") in order to sound more "traditional" or "authentic," or if the writers really live in a hole.

3 But didn't I say that this problem isn't discussed until the 16th century? Indeed, I did. The problem the Rosh is discussing is steam emitted directly onto another pot. The question of import here is whether steam that is emitted, condensed, and re-emitted is significant.

4 Reading about this subject has made me wonder whether popular misunderstanding of Rav Moshe Feinstein's position (or the other variants of it) contributes to the idea that one needs two separate ovens. It does require that one designate an oven as "meat" or "dairy" and pareve items that are cooked in it uncovered are considered to have the status of "meat equipment" or "dairy equipment." Yet, still a "meat" oven can be used to cook covered dairy liquids or uncovered dairy solids. Does the concept of designation itself lead people toward acceptance of the strictest opinion?

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Friday, January 11, 2008

Hartman rabbinic ordination of women: not such a big deal

This J-Post article is setting the blogosphere abuzz about Rabbi David Hartman's decision to offer Orthodox rabbinic ordination to women at the Shalom Hartman Institute. The popular press rhetoric is certainly the rhetoric of egalitarianism. Rabbi Donniel Hartman, co-director of the institute and son of David Hartman, is quoted as saying:
"The classic distinctions between men and women are no longer relevant. People who come to the Hartman Institute to study are committed to making gender equality in Judaism a reality."

Now, here's the description of the program:

Melamdim also offers an optional Rabbi-Educator track – the first rabbinic ordination program of its kind. Tailored to the distinct professional needs of rabbis who serve as North American community high school educators, the track is open to students of both sexes and all denominations who are interested in pursuing an MA degree, teaching career and rabbinic ordination at the same time.
Target Population
The program is open to individuals of all denominations from Israel and North America, who satisfy the following criteria:

  • Hold a BA either in Jewish studies or in Bible, Talmud or Jewish Philosophy

  • Have a good knowledge of Hebrew

  • Have a knowledge of classical Jewish texts

  • Commit to fulfill the program’s considerable study and work requirements

  • Commit to work as a teacher in a Jewish high school for at least three years after graduating from the program




It looks like it's offering the status of rav hamaggid, the lowest level of ordination which entitles the bearer to hold the title of "rabbi" and to teach. It does not confer the status of halachic decisor. It does not automatically allow one to perform the functions commonly associated with pulpit rabbis (which was the focus of the Conservative teshuvot in the 1970's and 1980's). One can argue that this status is not an equivalent of nor a modern replacement for "traditional" (Talmudic?) rabbinic ordination.

In Modern Orthodox circles, many high schools already allow women to be taught Talmud, a few more allow women to teach Talmud to men. Most already have women teaching some subjects, implying that they do not consider teaching high school to be serara (holding a position of communal authority), so, they do not have to face that halachic boundary. Judaic studies teachers who hold the title of "rabbi" are probably paid at a higher level for their advanced degree, which is a path toward career advancement previously not open to women. If a high school were to accept Hartman's ordination of a woman, they may then be forced to pay her at an equal rate to men who hold the same type of degree.

Even so, women who graduate from the program would have a second-class status, even as a rav hamaggid. They could function as high school teachers (the intent of the training in the program), but they could not function as pulpit rabbis, the other career path for a rav hamaggid, because their activities are still restricted by Orthodox interpretations of halacha.

In sum, this may affect teachers' pay and titles (and we aren't even sure if the title "rabbi" will be conferred on a woman), but it doesn't look like there's anything truly ground-breaking coming out of it.

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