THE TABLE OF CONSANGUINITY Walter Jacob
QUESTION: The Table of Consanguinity currently used by the Reform Movement is male-centered, and clearly discriminates against women. Should we change the Table to reflect our equal treatment of men and women?
ANSWER: The Table of Consanguinity as produced in the Rabbis’ Manual is based largely upon Biblical law(Lev. 18:11-21; Deut. 23 3, 27:20-23; Kid. 67b: Yoma 67b, Maimonides , Yad Hil.[shut IV, Isurei Bi-a 11; Shulhan Arukh, Even Ha-ezer 15:44.6). The Biblical laws were somewhat modified and expanded by the Talmud . A full discussion of those modifications may be found in Mielziner, Jewish Marriage Laws, 1897. Each of these statements has approached the entire matter from a male point of view. It would, of course, be possible to rewrite these statements so that they would reflect the views of the current feminist movement. This, however, would add a number of prohibitions, if we simply paralleled masculine prohibitions which exist already. It would be unwise and unrealistic to follow this path for the following reasons:(1) The last major change in Jewish marriage laws was made in the eleventh century through the decree of Rabbenu Gershom , which prohibited polygamy. This decree was effective because polygamy had largely ceased in practice by Ashkenazic Jews , as the general population among whom they lived did not practice it either. The decree, however, was not followed by the remainder of world Jewry, and polygamy continued to be practiced up to modern times by Jews in various Eastern countries. In other words, the decree was effective only because it fitted into the mood of the time and place. Such additional restrictions would, however, not evoke a similar response in our age. The decree of Rabbenu Gershom had long been completely accepted by Ashkenazic Jewry.(2) The presumption of inequality for women has led Judaism to adopt the most lenient definition of bastardy in the Western world. Only the off-spring of those prohibited from marrying by the laws of