[Avodah] Tzeni'us and gender roles

[Celejar]

[Modified from original as per moderator request.]

On Mon, 20 Jul 2009 23:54:48 EDT
T613K at aol.com wrote:

...

> 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. 

I wonder why RnTK seems to consider it legitimate to
casually dismiss statements of Rishonim on no other grounds than that
they are incompatible with modern, progressive sensibilities.  This
is exactly what the liberal denominations of Judaism often argue, that
they concede the authority of Halachah and the Talmud while asserting
the right to reject various opinions of "the Rabbis" as "common beliefs
(or prejudices) of [their] time[s] and place[s]" ...

While I of course mean to cast no aspersions on RnTK's Orthodoxy, she
is basically lending legitimacy here to Open Orthodoxy and its
innovation of the Maharat.  After all, it's pretty clear that there's
no technical infraction of Halachah involved, and the primary objection
of the opponents is that it is contrary to to the traditional Jewish
Hashkafah of gender roles.  But RnTK seems to have no problem with
rejecting Hashkafos of Rishonim that can be attributed to their
particular cultures.

If she feels that the Hinuch is a minority opinion, she can provide
sources for the alternative view, but she has heretofore cited no
dissenting view earlier than her father's.

In fairness, I should note that I am not categorically opposed to the
possibility that particular statements of Rishonim are influenced by
their host cultures - I myself have made such a suggestion here:

http://bdld.info/2008/09/07/abravanel-and-dumas-on-honor/

I am merely protesting what seems to me to be the overly glib manner of
RnTK's remarks.

Yitzhak
--
Bein Din Le'din - http://bdld.info - *** Note change of address ***
http://bdld.info/2009/07/19/by-any-other-url/
A discussion of Hoshen Mishpat, Even Ha'Ezer and other matters