Thursday, December 16, 2021

Women and reading the Megillah TB Megillah 4

On today’s daf TB Megillah 4 Rabbi Yehoshua ben Levi teaches some basic halakhot about reading the Megillah. One example is: “And Rabbi Yehoshua ben Levi further said with regard to Purim: A person is obligated to read the Megilla at night and then to repeat it [lishnota] during the day, as it is stated: “O my God, I call by day but You do not answer; and at night, and there is no surcease for me” (Psalms 22:3), which alludes to reading the Megilla both by day and by night.” (Sefaria.org translation)

We have previously learned that classically women are exempt from positive time bound mitzvot. According to Rabbi Yehoshua ben Levi reading the Megillah which is a time bound mitzvah is the exception to the rule. “And Rabbi Yehoshua ben Levi also said: Women are obligated in the reading of the Megilla, as they too were significant partners in that miracle.” (Sefaria.org translation) Rashi and most of the commentators explain the reason for the exemption thusly. Haman sought to destroy the entire Jewish people, “all Jews, young and old, children and women.” (Esther 3:13). Since women were also saved, having them observe the holiday by reading the Megillah is appropriate and fitting. Tosefot  ד"הּ שֶׁאַףand others provides another reason. Esther’s and other women’s heroic and righteous actions was the cause of the miracle. Certainly women should be obligated to observe the holiday that they helped bring about.

Because of historical and sociological reasons due to the patriarchal society, the codes forbad women from reading the Megillah in public. The Art scroll massekhet Megillah writes in the notes: “The authorities dispute whether or not a woman can read the Megillah on behalf of a man. Some hold that woman’s obligation is only to hear Megillah, not to read it, and therefore a woman cannot exempt an man whose obligation is to read the Megillah (and normally fulfills his obligation through the principle of שומע כעונה‎, "One who hears is the equivalent of one who recites") {This is a principle in Jewish law that, in general, allows one to fulfill his or her obligation of textual recitation by listening to another recite the text while both of them have in mind to effect such a fulfillment.-gg} see Rosh, Tosefot, Ritva and Rashbam; Rashi to Arachim 3a; Rambam Hilkhot Megillah 1:1, 2 with commentaries;  Shulkhan Arukh Orekh 689:2; Pri Megedim, Pri Chodosh, and Levush.” (Note 8, page 4a1)

I don’t have in my library any teshuvot permitting women to read the Megillah in public for both men and women. That doesn’t mean they don’t exist. It just means I don’t have any. However, the issue does come up in my colleague Rabbi Wayne Allen’s book Perspectives on Jewish Law and Contemporary Issues in his discussion whether women may read the Ketubah, Jewish marriage contract which Orthodox practice forbids as well. He writes:

“In addition, Rabbi Schachter’s (Rosh Yeshiva of Yeshiva University-gg) disallowance of women reading the Ketubah seems to be challenged by the Talmud (Arakhim 2b) that permits women to read Megillat Esther in public and fulfill the obligation for men. While it’s true that later authorities dispute this possibility…, The fact is that the Talmud never raises an objection to women reading the Megillah on the basis that this violates any notion of privacy or that doing so would be an embarrassment to men; and if part of the public reading of the Megillah which is a religious requirement may be open to women, how much the more so the public reading of the Ketubah which bears no similar requirement.” (Page 401)

In all the synagogues I have served as the Rabbi both men and women, boys and girls were not only permitted to read the Megillah for the congregation, but were encouraged to do so. Everybody was saved from Haman’s clutches.

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