[Avodah] Maharat

Noam Stadlan via Avodah avodah at lists.aishdas.org
Sun May 28 12:31:52 PDT 2017


It seems to me that the opponents of ordination of women are hiding
behind conflation of terms. What is first needed is an understanding of
what ordination is in this day and age. The plain meaning of the Shulchan
Aruch YD 242:14 is that it is permission from a teacher to a student to
instruct in issur v'heter. it is perhaps more instructive to go through
the process step by step and see where those who object have a problem.
1. women learn the subject matter
2. the teacher thinks they are capable
3. if the teacher dies, according to SA YD 242:14, nothing further
   is needed
4. the teacher gives the student permission(to avoid transgressing on
   the prohibition of moreh l'fnei rabo)

So, if there is a problem, which step is the problem and why? is it that
a teacher cant give a women permission to be mora l'fnei raba? what is the
source for that?
Essentially what we use the term semicha today is a teacher giving the
student immunity from transgressing a particular prohibition.

If the issue is that of a woman giving hora'ah, then it is necessary to
establish exactly what that is in this day and age. Is it just 'mareh
mekomot'? is it more formal hora'ah? we should keep in mind that R.
Schachter, in defining terms for converts, writes that hora'ah in issur
v'heter is NOT serarah, and that according to some opinions, judging
dinei mamanot is not serarah. Furthermore, he writes of a difference
of opinion whether semicha is a din in dayanus, or a din in hora'ah.
So, if semicha is a din in dayanus, and not hora'ah, then there is no
reason to bring the restrictions from dayanus over to hora'ah. and,
if semicha is a din in hora'ah, then the restrictions on dayyanus don't
apply to semicha.

I would add that the entire basis for the claim that women cant get
semicha starts with the restriction on women being witnesses, then that
being extended to judges, and then being extended again to semicha.
It is not necessarily a given that these extensions should be made. We
should note that there are a number of others who are prohibited
from being witnesses- those who lend with interest, deaf, blind, etc.
The internet reports that there are those who were deaf that recieved
orthodox semicha. I dont have any information on semicha for the blind.
However, it does not appear that the OU has taken a position on these, nor
has anyone accused the deaf and the blind who are seeking semicha of being
heretics nor have they been threatened with being kicked out of Orthodoxy.



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