Chaired by Dr. Ellier Russ. This committee coordinates programs and classes to engage members in lifelong learning. Events include our yearly Scholar in Residence program, Talmud Study, and more. Guest speakers, online webinars and Shabbat morning discussions additionally provide congregants with opportunities to expand their knowledge of Judaism and living a Jewish life.

YITRO: covering coverture

Shabbat Shalom Weeklyby Rabbi Yitzchak Zweig  February 15 , 2025
YITRO EXODUS  (19:1-20:23) Triennial 3

GOOD MORNING!  Over the years I have met many people with the terrible misconception that Halachic Judaism (following the letter of the law) and those who practice it treat women as second-class citizens. This frequently stems from a misunderstanding of traditional Jewish legal concepts and a misinterpretation of its applications.

This view is further influenced by the broader lens of modern egalitarianism, which assesses gender roles primarily through contemporary Western values rather than within the internal framework of Jewish philosophy and practice. As we shall discuss, the extensive historical maltreatment of women in modern societies finally (and justly) gave way to women’s rights and empowerments. Sadly, it also over corrected to the extent that women and men are now considered one and the same. It’s no wonder there is so much gender confusion these days. 

By contrast, Jewish law assigns distinct roles to men and women, and a closer examination reveals that it is an outgrowth of valuing and appreciating the innate differences between the sexes. Perhaps a significant factor in the misperception of women as second-class citizens in Jewish law comes from their exemption from certain religious commandments called mitzvot aseh shehazman grama – time-bound positive commandments. Critics sometimes misinterpret this as an exclusion from religious life.

However, classical rabbinic sources do not frame this as a reflection of inferiority, but rather as an acknowledgment of different spiritual and social roles. Jewish law assigns communal obligations based on role rather than hierarchy; women are exempt from certain commandments not because they are less important, but because their religious obligations prioritize different aspects of life, such as family responsibilities (and it would be incredibly difficult to wrap teffilin while nursing). 

Another common misperception is that Jewish women historically lacked financial or legal agency. Nothing could be further from the truth. Jewish law has always recognized a woman’s independent legal identity and granted women significant legal rights, protections, and status; often in ways that starkly contrast with historical patriarchal norms in other “enlightened” societies legal traditions.

For example, Western legal systems commonly practiced a “Doctrine of Coverture” whereby a woman’s legal identity was subsumed by her husband’s. This is because the Doctrine of Coverture held that no female person had a legal identity. At birth, a female baby was “covered” by her father’s identity, and then, when she married, by her husband’s. Thus, the husband and wife became one – and that “one” was the husband.

Additionally, the Doctrine of Coverture meant that married women had no rights to their bodies. Thus, a husband owned any wages generated by his wife’s labor, and the fruits of her body, i.e. women had no right to their children. If a wife divorced or left a husband, she would likely not see her children again. In addition, a husband also had an absolute right to sexual access; within marriage a wife’s consent was implied, so under the law, all sex-related activity (including rape) was legitimate. His total mastery over his wife stopped short, but just short, of death.

Married women owned nothing, not even the clothes on their backs. Because they did not legally exist, married women could not make contracts or be sued, so they could not own or work in businesses. Because they shared a single identity with their husband, any woman who was granted credit to purchase items had that obligation automatically transferred and it became her husband's debt. This led to a practice where, upon divorce, a husband would take out an ad in the local newspaper that said he was no longer responsible for his ex-wife’s debts.

In the spring of 1776, as John Adams and the Second Continental Congress were contemplating what an independent America should look like, Abigail Adams pleaded with her husband, “Do not put such unlimited power into the hands of the Husbands. Remember all Men would be tyrants if they could,” Abigail was talking about the absolute power husbands held in coverture. She was hoping that the new America would abrogate the Doctrine of Coverture, which was based on English Common Law. However, they did not even take it into consideration, and it stood for almost another 100 years. It may seem hard to believe, but that was the law in the US.

By contrast, a Jewish woman could always own property, inherit wealth, and engage in business. Any property that she brought into a marriage remained her own if she desired. The ketubah (marriage contract) ensured financial security, stipulating the husband’s obligations and guaranteeing monetary compensation in case of divorce or widowhood. These protections reflected a system that valued a woman’s financial independence rather than reducing her to a dependent status. In addition, rape and other mistreatments within marriage have been prohibited since the very establishment of Jewish Law.

While Jewish law does not frame gender roles in the same way as modern secular feminism, it never viewed women as second-class citizens. Instead, it established a system wherein women hold legal agency, financial protections, and spiritual significance. Misperceptions arise when Jewish law is judged by external cultural standards rather than understood on its own context. There is much more to say on this subject, and I hope to address another aspect of this in next week’s column.

Still, Judaism does have its own version of coverture in that a father is held responsible for the sins of his children under the age of bar mitzvah – the age of legal majority. Because children’s mistakes may be attributable to the father, a father may be punished for their misdeeds.

Following a bar mitzvah boy’s inaugural aliyah (the first time he is called to the Torah as a qualified adult), it is customary for his father to say a special blessing, “Baruch shepetarani meonesh halozeh – Blessed be He who has released me from being punishable for this child.” This is based on the teaching of Rabbi Elazar, “A person is responsible for his son until the age of 13. At that point he makes the blessing […]” (Bereishit Rabbah 63:10).

Interestingly enough, this week’s Torah portion has a related topic. Before the giving of the Ten Commandments, and as an expression of love towards the Jewish people, the Almighty tells Moses to relay to them the following message:

“You have seen what I did to Egypt and that I carried you on wings of eagles and brought you to Me” (Exodus 19:4).

The great medieval Biblical commentator Rashi explains (ad loc) why the Almighty uses the eagle as an analogy, “An eagle carries its young on its wings because it is unafraid of winged predators for it flies higher than any other birds. The only danger that it fears is man’s arrows, and so the eagle carries its young on its wing. The eagle’s rationale is, “Better that the arrow should pierce me and not strike my children.”

So too, Rashi explains, when the Jewish nation left Egypt, they were being pursued by the Egyptian army who caught up to them and proceeded to shoot arrows and catapult stones at them. However, the Almighty sent an angel who acted as a shield between the Egyptians and the Jews, and absorbed the full force of the assault, just as an eagle would for its children.

This teaching begs the following question. On one hand, we see from the Almighty that a parent should absorb the blows and suffer instead of permitting the child to be harmed. We see from the Almighty that it is considered laudable and an expression of His love for us, and perhaps a parent should even be grateful for the opportunity to protect his child in this way.

On the other hand, we see that a father makes a blessing thanking the Almighty when he is “off the hook” so to speak, for any punishments that may arise from his child’s misdeeds. Well, which is it? Do we want to protect our children from pain and suffering, or do we want to be grateful when we no longer have that responsibility?
The answer is that there are two types of pains that come to a person in their lives; one is an unfair circumstance like an attack from the outside (e.g. the brutal attack from the Egyptians on the helpless Jewish populace) and the other type of pain is a result and consequence of one’s own misdeeds (e.g. if you drive drunk and get arrested).

A parent should ALWAYS strive to protect a child from the pain of circumstances. However, once a child reaches the age of personal responsibility, a parent should NEVER protect a child from the consequences of their own actions and irresponsibility. Sadly, we often see parents mistakenly bail their children out of trouble for mistakes their children knowingly made – cheating in school, criminal activity, poor behavior towards others, etc.

Absorbing that pain for your children and not allowing them to suffer the consequences of their own actions is TERRIBLE parenting and contributes not only to their ongoing irresponsible behavior but to their lack of development as people. Once a child reaches the age of legal majority, we are required to let them suffer the consequences of their actions. We are not helping them (or society at large) by protecting them from their own actions. That’s why a father makes the blessing at his son’s bar mitzvah – it is a celebration of the child’s independence and an important milestone in a child’s life.

TORAH PORTION: YITRO
February15, 2025     17 SHEVAT  5785
Torah   EXODUS   Triennial  3
  Haftorah: JEREMIAH

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