[Avodah] Tzeni'us and gender roles
T613K at aol.com
T613K at aol.com
Mon Jul 20 20:54:48 PDT 2009
> That is exactly what my father said about women being witnesses, that
the
> halacha protects their dignity. He added that their ne'emanus is not
in
> question, as a woman's word is trusted in matters of critical halachic
> importance like taharas hamishpacha and kashrus. [--TK]
RYG wrote:
"she'ain ha'nashim be'toras edus, she'ha'edus zarich kivun ve'yishuv
ha'da'as harbeh" (Hinuch #37).
>>>>>
That is only the Chinuch's opinion -- his personal understanding of the
reason for the halacha that women can't be witnesses in court. His
understanding fits with the common beliefs (or prejudices) of his time and place --
13th century Spain -- but I don't know if the Gemara's own words suggest
any reason.
HOWEVER, having said that, I also remember another reason my father gave, a
reason that might be a bit more in consonance with the Chinuch (and I
think I wrote about this once before, a long time ago in Avodah years):
He said that men will tend to testify to "just the facts" while women in
their testimony are more likely to include things like the person's
emotions, motives, background and so on. My father said that in a certain way
women see things more the way Hashem Himself does -- the whole picture, the
background story, the shades of meaning and motivation -- and that when Hashem
judges, He takes all this into account and judges in a "womanly" way, with
compassion, but that a human court is not allowed to take all these
"extraneous" things into account. I know that some people will find my father's
words warm and wise while others will think they're just apologetics and
far-fetched. Naturally I myself tend to the former view but anyway. I must
also say that I am not transcribing my father's words very accurately
because I can't remember them exactly, and without his particular eloquence his
ideas definitely lose in the translation. So if you like what he said,
good, and if not, blame me.
--Toby Katz
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