By Rabbi Rachel Esserman
A growing trend within the Modern Orthodox movement allows women to study halachic (legalistic) sources, such as the Talmud and other writings, so they can better understand not only how to follow Jewish law accurately, but be informed about the discussions and reasons behind those decisions. Nechama Goldman Barash is one of these women: as she notes in “Uncovered: Women’s Roles, Mitzvot, and Sexuality in Jewish Law” (Urim Publications), her “book is the result of decades of immersion in the vast sea of Torah and Talmud as an observant Jewish woman, gradually moving from frustration to acceptance to empowerment by finding a ‘seat at the table,’ so to speak, of halakhic discourse.”
To place her work in context, her biography notes that Barash is a rabbanit (a title that does not appear on the cover or title page of her book). In addition to a B.A. from Stern College and a master’s degree in Talmud from Bar-Ilan University, Barash attended Matan’s Advanced Talmud Institute and graduated from Nishmat’s Yoatzot Halacha program. The latter education makes her a certified advisor to individuals on questions of marital intimacy. This means that those to the right of Modern Orthodox may not accept her decisions as binding, while those to the left of her (those who don’t accept the authority of halachah) may not consider the laws under discussion binding. However, Modern Orthodox women will find her work relevant to their lives. Plus, for those interested in the development of halachic rulings, her book offers an excellent look at the development of Jewish law.
“Uncovered” focuses on a wide variety of legal issues related to women and features discussions about differences in gender roles, whether Jewish law allows advance study for women, women’s dress (including whether pants are acceptable clothing), women’s voices in public and private, women’s head coverings, the question of how best to observe the laws of family purity (and how those affect both spouses in a marriage) and premarital relationships. It should be noted that Barash believes there are fundamental differences between women and men, which translates into her not looking to overthrow the halachic system, but rather to allow women to better fulfil their specific roles.
Barash begins with looking at which mitzvot women are obligated to observe. While the usual term for mitzvot women are not required to perform are called time-bound mitzvot, the author prefers to call them time-caused. She uses this term because there are time-bound laws women are required to observe (for example, observing Shabbat and eating matzah on Passover), so time-caused makes the issue clearer. Barash discusses how the concept of time-caused mitzvot is not found in the Bible, but rather is first considered in the Talmud. The first mentions refer only to those mitzvot that women would not be able to do for physical reasons (for example, those dealing with not shaving a beard). It is impossible to do justice to her discussion, which features rabbinic writings from over the centuries. Barash’s purpose is to encourage women to do as many mitzvot as possible and to have them count in the same way that men’s do.
The most interesting sections focus on the difference between daat moshe, meaning the laws as explicitly stated in the written Torah, and daat yehudit, which refers to the customs of a particular Jewish community, customs that can differ across the world. Observant communities differ on issues that range from head coverings (not only on what type of head covering is used and how much hair needs to be covered, but whether a woman is allowed to remove her head covering in her home) to what clothing is considered appropriate for women to wear. The book includes a long discussion on whether pants can be worn since they are no longer considered only men’s clothing in most countries and may be allow for more modesty than short or tight skirts. When discussing these topics, Barash includes minority voices that allow for change, but which have often been ignored. The author also looks at the traditional reasoning behind the rules, which tend to focus on men’s inability to control themselves or on women as temptresses men can’t resist.
Since Barash offers texts from across the centuries, it’s impossible to offer a complete discussion of any particular subject. Her work is complex and thorough, while also accessible to those unfamiliar with the subject matter. While “Uncovered” may appeal to a limited audience, its discussion of halachah is a welcome addition to women’s writing about Jewish law. Its appendix features an article Barash wrote about what she hopes to accomplish: she notes her work is an “attempt to find a more nuanced and authentic ways to teach the sources but simultaneously admit that not everything is texted-based and the values and traditions that have passed through the generations are as much at the core of our Jewish identity and observance as the text itself.” In “Uncovered,” Barash has succeeded in her mission.