Rabbi Prof. Dov FischerThe writer is adjunct professor of law at two prominent Southern California law schools, Senior Rabbinic Fellow at the Coalition for Jewish Values, congregational rabbi of Young Israel of Orange County, California, and has held prominent leadership roles in several national rabbinic and other Jewish organizations. He was Chief Articles Editor of UCLA Law Review, clerked for the Hon. Danny J. Boggs in the United States Court of Appeals for the Sixth Circuit, and served for most of the past decade on the Executive Committee of the Rabbinical Council of America. His writings have appeared in The Weekly Standard, National Review, Wall Street Journal, Los Angeles Times, Jerusalem Post, American Thinker, Frontpage Magazine, and Israel National News. Other writings are collected at www.rabbidov.com .
On October 30, the Rabbinical Council of America concluded an extended and robust internal discussion among its 1,000 members that had extended for more than a month It voted to implement a profound and historic action plan that adds unprecedented enforcement tools to its long-standing affirmation that Orthodox ordination does not march in step with Christian and non-Orthodox gender-based ordination innovations.
Towards that end, in an historic policy statement that RCA leadership has admitted emanated from the membership itself, RCA adopted a policy that its members with positions in Orthodox institutions may not:
- Ordain women into the Orthodox rabbinate, regardless of the title used
- Hire or ratify the hiring of a woman into a rabbinic position at an Orthodox institution
- Allow a title implying rabbinic ordination to be used by a teacher of Limudei Kodesh in an Orthodox institution.
That is official RCA policy, as voiced unequivocally at the initiation of the RCA membership.
When the Chofetz Chaim gave backing to Sarah Schnirer’s efforts to educate women, and when Rav Yosef Ber Soloveitchik sat in a Stern College classroom to teach Gemara to women, both were acting within a tradition where there always had been room to expand what is taught to women. With external society having opened its doors to intellectual breadth, with women going to college and university, learning thoughts of great consequence and thereby expanding their previously denied deep intellectual capacities, it was deemed an imperative that women of Orthodox Judaism be imbued with the depth of Jewish culture, heritage, and learning.
Thus, although derived in part from outside social developments — but not at all mimicking outside theologies — the advent of increased Jewish Torah learning for women emerged from a source internal to Judaism: women always had been permitted to learn and teach Judaism.
Methodists began doing so in 1956. The United Methodists began in 1968. When the “Philadelphia Eleven” were ordained as Episcopalian priests in 1974, followed by the “Washington Four” in 1975, those ordinations were denounced as “irregular” until the Episcopal church formally recognized women’s ordination in 1976. There were great battles in those two Christian denominations, and the dust ultimately settled with rulings that women can be ordained as Christian clergy. In time, the movement has spread within and among the various Christian denominations.
Some have revised their theologies so that women may be ordained; others remain unalterably opposed. For example, within Lutheranism, the ELCA has been ordaining women since 1970. By contrast, the Lutheran Church-Missouri Synod still bans women ordination, but their internal pressures are stoked hot. So far, they are not budging. The Wisconsin Synod of Lutheranism is even more conservative and refuses women ordination. Similarly, the Baptists are split, as are the Mennonites. The Christian Reformed Church began ordaining women in 1995. The denomination known as the Community of Christ in 1984. On the other hand, it is fascinating that so many other Protestant denominations have refused to ordain women, including but not limited to the “J Witnesses” and Mormons. Roman Catholics continue to limit priesthood to men.
Until Christian denominations began ordaining women, even the Jewishly non-halakhic Reform Judaism and Conservative Judaism groups never ordained women. Thus, despite touting itself as “Progressive Judaism,” Reform simply barred women from ordination for nearly two centuries — until Christians began doing so. Inasmuch as those groups do not follow immutable halakhic standards, but “change with the times,” it fairly and honestly can be said that the centuries-long refusals of Reform and Conservative to ordain women stemmed fundamentally from misogyny — a gender-rooted bias and discrimination. They certainly did not base on Mesorah or halakha.
It fairly and honestly can be said that the centuries-long refusals of Reform and Conservative to ordain women stemmed fundamentally from misogyny — a gender-rooted bias and discrimination.
As Christians around them were “reforming,” they were impacted just as German Protestant Christianity had influenced them 150 years earlier in Hamburg, and later elsewhere in Germany, to place organs in Reform Judaism temples and to dress their all-male rabbis in black robes like the pastors around them.
Conservative Judaism had been founded initially to reverse the radical departures of Reform, hence its anomalous name. Early Conservative Judaism leaders a hundred years ago, at its founding in America, included some mainstream Orthodox rabbis of the time, who envisioned the movement as a precursor to normative halakhic “Modern” Orthodoxy.
Conservative Judaism theologians vigorously opposed women’s rabbinical ordination, and the particular role of Saul Lieberman in opposing the idea, as late as the 1950s, proved dominant. Indeed, into the mid-1970s the Conservative Judaism seminary still preserved separate-gender seating at prayers, albeit without a mechitzah (partition), and women were not counted in a minyan (quorum).
By 1985, thirteen years after Reform Judaism had done so and another decade after Protestantism had started the movement, Conservative Judaism finally departed from its misogyny and ordained Rabbi Amy Eilberg. Eventually Conservative Judaism would follow Reform Judaism in adopting other social trends initiated in the Christian world. With each change, they ended decades of their rooted bigotry and prejudice. For movements that do not root in Torah, Oral Law, and Mesorah (halakhic traditions), there is no other way to understand refusals to
Reform has stripped women of their extraordinary religious authority and given that power to men.
allow women, Lesbians, Gays, Bisexuals, Transgendered people, and those who call themselves “Queers” to be among their rabbis and cantors.
Orthodox Judaism operates differently, unlike the Christian and non-halakhic Jewish groups. In Orthodox Judaism, the single greatest religious power is vested in women: defining the future religious identity of the family’s children. That is halakha, and there is no way it ever can change.
By contrast, Reform has stripped women of their extraordinary religious authority and given that power to men. Now, a Reform Jewish man who “marries out” knows that his Reform rabbi still will deem the children Jewish; the wife’s identity no longer matters. That change has opened floodgates to intermarriage between Jewish men and non-Jewish women. That change was misogynistic and male-centric. In Orthodoxy, the woman is vested with the authority.
Oh, yes. Orthodox Judaism empowers the man, the father, to determine the tribe. So, before the Assyrian expulsion, the man would tell the child “You are Zevulun, not Naftali. You are never going to be Naftali. You are Zevulun. Why? Because!!! Because I am. So do your homework, and get to bed! That is the man’s power. By contrast, forever it is the woman who determines whether the husband is going to be written out of his wealthy family’s will for leaving behind non-Jewish children. The woman determines whether the future generations of a family that survived millennia of a Churban Bayit Sheini (Holy Temple destruction), Crusades, Inquisitions, the Black Death libels, the Desecration of the Host massacres, Pogroms, and Holocausts now have ended permanently, forever, on a ski slope in Idaho or a sunny beach in Mississippi.
Imagine that, instead, the Torah and the Mesorah would have accorded to men the lighting of Shabbat candles and the enormously overwhelming power to define the generations and the laws of monthly mikveh. Can we doubt that a movement would have arisen among “Open Orthodox” social climbers demanding: “We want Women to have the power to define a child’s religion and to usher the Sabbath into the home and to determine the course of family purity. We protest that the Rabbis have given all the good things to the Men, and they have saddled us Women with the obligation to get out of bed at 5:30 a.m. every day and to race to shul in the dark and cold, to put on tefillin to daven while half asleep, to then race to work, then to be back at shul for Mincha and Maariv, and so much else — while the men get to be home, teaching mitzvahs to the kids, determining who gets to be deemed a Jew”?
Rabbi Dov Fischer is author of General Sharon’s War Against Time Magazine (Steimatzky: 1985). His political commentaries have appeared on the op-ed pages of the Wall Street Journal, The Weekly Standard, National Review, Los Angeles Times, and in other major American publications. He formerly was Chief Articles Editor of UCLA Law Review, is an adjunct professor of law at two prominent American law schools, and is Rav of Young Israel of Orange County, California. He is author of Jews for Nothing (Feldheim: 1983) and is in his sixth year as a member of the National Executive Committee of the Rabbinical Council of America. His writings can be found at RabbiDov.com As with all of Rabbi Prof. Fischer’s writings, this commentary expresses his own views.