Druckschrift 
Gender issues in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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Chapter 5

HALAKHAH, MINHAG AND GENDER

Richard Rosenthal

The subject isgender,

"a word that comes to scholarship from the grammarians by way of the lawyers. A weapon in the politi­cal and legal struggles of our day for womens rights, the term was invented to avoid using the wordsex. Sex was a difficult word to use; its varied meanings damage it. It is a dangerous word threatening discourse, whereas gender is mild, lessening the danger. Who can be afraid of masculine and feminine nouns and verbs?In grammar, gender is understood to be a way of classifying phenomena, a socially agreed upon system of dis­tinctions rather than an objective description of inherent traits. But the word has not stood still. Gender has left its innocent ori­gins and become political. This should not disqualify it in our discussion, for a word that is political is alive. It reflects issues that are at the heart of our age.Gender positions are a real issue. This allows us to use our contemporary experience to look at the past.

A contemporary category becomes a new window to look at the past. Through this window we are allowed to see what was missed by those who came before us. This is not said in criticism. They had their world view that gave them their windows. Our

Notes for this section begin on page 127