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Gender issues in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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108 Richard Rosenthal

perspective gives us a view and language that allows to do what

others have done in every generation, to interpret by restatement.

I have chosen to treat the fate of a mitzvah. It is not at the vital center of halakhic debate. Precisely for this reason it is easier to study as successive generations reshape its meaning, guided not only by halakhah, but also by minhag, the customs of commu­nities shaped by local practices that in turn were influenced by time and place.

The mitzvah is stated Deuteronomy 22:5: lo yiyeh khli gever al ishah velo yilbash gever simlat ishah ki to-avat adonai eloheikha kol oseh eleh(A woman must not put on mans apparel, nor shall a man wear woman's clothing; for whoever does these things is abhor­rent to the Lord your God .). It is an interesting statement in its form: two parallel clauses are completed by a third clause explaining the consequence of disobedience. The word translated asapparel in the first clause, kli, is more commonly translated in the Tanakh asobject,vessel, orimplement. The Targum translates it asweapon. In rabbinic Hebrew it meansapparel, althoughweapon andarmed also occur in rabbinic I lebrew.

What is the meaning of the biblical rule? A negative com­mand, it limits. Clearly, men and women are to avoid certain things belonging to the opposite gender. In the case of women we are not sure whatapparel is. Commentators and transla­tors have speculated. Professor Tigay in the Jewish Publication Society Torah commentary sums up the opinion of both tradi­tional and modern commentators on the verse in three cate­gories:(1) one should not disguise oneself as a member of the opposite sex because this would permit indiscriminate mingling and lead to fornication:(2) transvestism is inherently abhorrent because it obscures the sexual differences God created,male and female created He them.(3) Transvestism is abhorrent because it was part of pagan rites or magical practices.

Among traditional commentators Rashi explains that men and women exchange garments in order to blend in with mem­bers of the opposite sex. Their only purpose must be fornication. Ibn Ezra translating kli as in the Targum, military apparel, remarks that women were not created to fight in war but to per­petuate the seed, clearly defining the social role of men and women. He, too, sees this confusion leading to fornification. A