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Gender issues in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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Ordination of Women: 199

has endowed woman with a finer appreciation and a better understanding than man(Nidah 45b);Sarah was superior to Abraham in prophecy(Tanhuma , Exodus, beginning);It was due to the pious women of that generation that the Israelites were redeemed from Egypt (Sota); andThe women were the first ones to receive and accept the Torah (Tanhuma ,(ed. Buber ), Metzora, 18, p. 27a); andThey refused to participate in the mak­ing of the golden calf. These and many other sayings could be cited from Rabbinic literature in praise of woman, her equality to man and, in some respects, superiority to him. So we may safely conclude that their excluding of women from the rabbinate does not at all imply deprecation on their part of woman's worth.

But with all their appreciation of woman's fine talents and noble qualities, the Rabbis of old have also recognized that man and woman have each been assigned by the Torah certain spheres of activity, involving special duties. The main sphere of woman I activity and her duties centered in the house. Since she has her own duties to perform, and since especially in her posi­tion as wife and mother she would often be prevented from car­rying on many of the regular activities imposed upon man, the law frees her from many religious obligations incumbent upon men, and especially exempts her from such positive duties the performance of which must take place at certain fixed times, like reciting theshema or at prescribed seasons, like Sukkot (M. Kid­dushin 1.7):Vekhol mitzvot aseh shehazeman geramah, anashim chayavim venashim peturot.

This fact, that she was exempt from certain obligations and religious duties, necessarily excluded her from the privilege of acting as the religious leader or representative of the congrega­tion(sheliah tzibur). She could not represent the congregation in the performing of certain religious functions, since, according to the rabbinic principle, one who is not personally obliged to per­form a certain duty, cannot perform that duty on behalf of others and certainly cannot represent the congregation in the perfor­mance of such duties:kol she-eino mechuyav badavar eino motzi et harabim yedei hovatan.(R.H. 111.8; Berakhot 20b)

On the same principle, she was expressly disqualified from writing Torah scrolls. Since she could not perform for the congre­gation the duty of reading from the Torah , the text prepared by her