Women's participation in zimun and minyan

Author: Rav Duvdevani of Bet Shemesh, Tishrei 5765/Oct 2004

Both zimun (invitation to say the Grace after meals) and minyan (quorum of ten men for a prayer service) are commandments which a Jew can only fulfil with the participation of other qualified Jews. The ruling that women cannot be participants is well known. Rav Duvdevani set out to examine why this is so and what is entailed.

Beginning with zimun, Rav Duvdevani pointed out that the invitation to say the Grace after meals is a commandment separate from that of the Grace itself, although it may include the opening paragraph. All are obligated to say the Grace. Zimun can only be said when at least three qualified men are present. It involves a leader and respondents, as does a public prayer service. He noted that Rav Soloveitchik had made clear the distinction that exists between prayers said together with a number of people, (be tzibbur) and a public service (ha tzibbur) when one person leads the prayers and thereby ensures that others, possibly not as able as himself, have fulfilled the commandment properly.

The Talmud in Tractate Berakhot gives us three important basic statements:

  1. Women, slaves and minors are obligated as regards the (Amida) prayer, the Mezuza and the Grace after meals (20A/B).
  2. Women, slaves and minors may not be counted for zimun (45A).
  3. Women observe zimun by themselves and slaves observe zimun by themselves on account of levity (45B). The Shulchan Aruch (Orach Chayim 199) explains that this means on account of the possible levity of slaves.

The first question that arises is the nature of the women's obligation here. According to Rashi (on Arakhin 3A), their obligation is Rabbinical, not Biblical. The text of the Grace is Rabbinical. Women cannot thank the Almighty for circumcision and slaves cannot thank Him for our inheritance of the land, both of which are part of the text of the second paragraph of the Grace. Men cannot count women in their invitation to say Grace, since some of what they are about to say does not apply to women. Women have an obligation of their own and are duty bound to say the Grace on their own. The question of the women's obligation being Biblical or Rabbinical is raised by the Tur (Jacob ben Asher, 13th century), who refers to Yehuda haCohen who did count women for zimunand was told that, since the women say Grace on their own, they cannot help the men to fulfil their requirement of a quorum of three or the requirement to say the Grace on behalf of the men.

This leads on to the subject of the men's quorum for prayers, the minyan. A minyan is required whenever Israel sanctifies the Almighty, based on the verse vekidashti betoch benei Yisrael, 'I will be sanctified in the midst of the children of Israel' (Tractate Megilla, 23B; the Mishna here gives the word betoch the meaning of a quorum of ten men because the same word is used elsewhere together with eida, a 'community'). That sanctification takes place, for example, in a public service, a public reading of the Torah and a zimun when ten men are present.

Once again, an early Ashkenazi source raises the question of women and slaves being counted. The 13th century Sefer Mordechai cites the view of Rabbenu Simcha that women and slaves might be counted, based on the fact that Rabbenu Tam once counted a slave to make up the minyan. Such a ruling concerning women was rejected since it would mean equating women and slaves. It therefore became the rule (nahagu ha olam), not to count women. As with zimun, women are obligated to pray, but their obligation is not the obligation incumbent upon men and they cannot help men to fulfil their obligation.

The RaMBaM, Maimonides, looks at the question from a different angle (Hilchot Tefila). His view is that there is a Biblical, positive command to pray daily, which applies to everyone. The rest - the format, times and minyan requirements - is Rabbinical. Maimonides explains that the minyan for the Amida prayer is needed, since prayers have replaced the Temple sacrifices and theminyan for certain prayers continues the minyan for certain sacrifices. He describes the Rabbinical format, where one person leads the prayers out loud on behalf of the community. Men have an obligation to pray with a minyan, preferably in a Synagogue. All these Rabbinical enactments were not made for and do not obligate women. Their obligation to pray daily is to fulfil the original Biblical commandment.

Women and keryat haTorah, the (public) reading of the Torah

Author: Rav Duvdevani of Bet Shemesh, Cheshvan 5765/Oct 2004

Rav Duvdevani began by examining the aim and function of the public reading of the Torah.

We learn from Maimonides that reading from the Torah in public (be rabim) on Sabbaths, Mondays and Thursdays was decreed by Moses and that Ezra added the reading on the afternoon of the Sabbath, calling three people to the Torah for the reading on Mondays and Thusdays and reading at least ten verses on those days. Maimonides adds that in the days of Ezra it was customary to have each verse translated after it was read. A few passages , such as the priestly blessing are not translated (Hilchot Tefila u Nesiat Kappayim, ch 12). The Mishna (Sota 32A) adds that some passages may be said in any language, e.g. the Shema and some are always spoken in Hebrew, e.g. the verses recited when bringing first fruits to the Temple (bikkurim).

A distinction emerges between two functions of a Torah reading: one is the reading as such and it serves a purpose in and of itself. This public reading it was that Moses established and a single verse might be considered sufficient. A second function is to enable the understanding of the Torah; this would be served by having the verses translated; the second function is attributed to Ezra.

‘And he (Moses) took the Book of the Covenant and read it in the audience (lit. in the ears) of the people (be oznei ha am)’ (Ex 24,7). The verse teaches that public reading is Biblical and that it is important to hear it. The context of the verse is the Covenant made between the Almighty and the Children of Israel at Sinai and the reading is clearly a part of the ritual here; in the next verse, Moses sprinkles the blood of the sacrifice on the people to mark the Covenant (brit). Moses read the Book of the Covenant, the Torah, as one might read a contract.

Moses also establishes that no Jew should have to live for three days without Torah (Tractate Bava Kamma 82A), based on the fact that the children of Israel suffered by having no water for three days – and water symbolises Torah). There is a physical and metaphysical benefit bestowed on us by the Torah.

Another public Torah reading that is a Biblical ordinance is Hakhel, a reading that took place every seventh year. Everyone was present, men women and children. The Gemara (Tractate Hagiga 3A) explains that men came to learn, women to hear and children so that merit should accrue to those who brought them. This reading is a re enactment and a renewal of the Covenant and requires the presence and the hearing of everyone. Learning is seen as a separate issue and here the women have no obligation. But they do have an obligation to hear since they are party to the Covenant. Tractate Sofrim (ch18 halacha 5) spells out that women in any keryat haTorah have the same obligation to hear as do men.

The Torah confers its sanctity to the Children of Israel (kedushat Israel) and women naturally share in this. The physical closeness and metaphysical connection to the Almighty is brought about by reading, hearing, even wearing (as in Tefilin) the text of the Torah. As Rav Soloveitchik explains (Shiurim le zecher Avi Mori, part 1) ‘ the Torah is read (not studied) so that its sanctity may fall on a person. That is the basis of keryat haTorah’.

Can women be called up to the Torah reading? According to Tractate Megilla (23A) ‘Everyone participates and is called to the reading of the Torah, even minors, even women’. It adds, however, ‘ A woman is not called up mipnei kevod ha tzibbur, out of respect for the public. The ‘tzibbur’, the public is a mixed one and perhaps that reasoning falls away when women only are present.

An early Ashkenazi source speaks of a city where all the Jews may be Cohanim. A Cohen would then be called up first and second (instead of a Levi). The remaining five people called up would not be Cohanim, but women and children (Beit Yosef Orach Chayim). This would indicate that women can, on principle, be called to the Torah reading. Here too, the reading confers kedushat Israel, re enacting the Brit which includes everyone.

There now arises the question of the blessing recited on being called to the reading. Perhaps the first person called up should say the blessing that precedes the reading and the last person should say the post reading blessing (Shulchan Aruch, Orah Chayim 282,3). (An interesting aside here is that 16th Century Rabbi Moses ben Israel Isserles, states that respect for the Torah requires all to cover their heads).

In a letter to Rav Aharon Tendler, Rav Moshe Feinstein writes; ‘They (the women) may read from the Sefer Torah.’ But it should not look like a copy of the reading of the Torah be tzibbur, in the Synagogue. It therefore does not take place in the Synagogue. In a gathering of women, those who have said the blessing for learning Torah could perhaps rely on that. Others should say the appropriate blessing undemonstratively.

Basing himself on the above sources, Rav Duvdevani concluded that, since women clearly share in ‘kedushat Israel’ and clearly participate in the ‘Brit’ between the Almighty and the Children of Israel, the reading of the Torah that applies to them is, as in the commandment enacted by Moses, a ritual reciting of the words of the Torah. Their recital is valid; it does not take place in a Synagogue and it is not a copy of the Synagogue recital (not, that is, as Reform Judaism sees it). The medieval custom of a blessing said at the beginning of ‘Keryat haTorah’ and one when the last person has been called up is advisable.

Can women touch a Sefer Torah? Kiss it?

The answer is positive, since ein divrei Torah mekablim tuma, words of Torah, a Sefer Torah, cannot become unclean.

When considering all of the above, women must at all times take into account the wishes of their community. To split a community is to undermine Judaism.

Zimun and Grace after Meals 2

Author: Rav Duvdevani of Bet Shemesh, Cheshvan 5765/Oct 2004

In this Torah Talk, Rav Duvdevani continued the topic of his previous talk on women’s participation in zimun, the invitation to recite the Grace after meals.

We examine the functions of zimun and of the Grace after meals, birkat ha mazon in order to see how this affects the status of women in fulfilling these commandments. There is inevitably some overlap with the first talk on the subject.

We find the definition of zimun in Tractate Berakhot 45A, where the Gemara states that one person invites at least two other people to recite the Grace. The commandment to do this is based on a Biblical verse; both the verse ‘O magnify the Lord with me, let us exalt His name together’ (Psalm 34,4) and the verse ‘I will publish the name of the Lord; ascribe ye greatness unto our God’ (Deut.32,3) are adduced as the source for zimun.

Zimun, Rav Duvdevani explained, has two separate functions. One is a preparation for birkat ha mazon, the Grace, and one is to make of that birkat ha mazon a formal event.

Preparation is needed for all religious services. We see this in the morning service, where the Shema and the Amida are preceded by praise of the Almighty in blessings and Psalms. Indeed, the day begins with the modei ani prayer of thanks before any activity starts. This aspect of praise and preparation for the recital of the Grace is the basis of women’s obligation in zimun.

The second function, to make the Grace into a formal event does not involve the women. Therefore they are not counted as part of the quorum of at least three qualified men in the zimun of three or ten. They may say a zimun of their own, separately (Tosafot on Berakhot 45A).

We know that women are duty bound to say birkat ha mazon (Berakhot 20A).

To what extent is zimun a part of the Grace, even though it is seen as a separate mitzva (commandment)? Maimonides (Hilchot Berachot 5B) sees the two as one formal unit and this makes it more difficult to trace the extent of the women’s obligation. Can they join the zimun of the men? Can men fulfil their obligation when women say the zimun and the Grace? Can men respond to women’s zimun?

Much depends on the discussion as to how far birkat ha mazon is Biblical and how far it is Rabbinical. The Gemara (Berakhot 20B)examines this. If the women’s obligation is wholly Biblical, their recital would be able to exempt men who respond. The Gemara cites the fact that a woman’s Grace would exempt her husband, that is if her husband were incapable of reciting it. The Gemara firmly adds that such a deplorable situation is ‘cursed’.

Rashi, in his comment on this passage, states that women cannot have the obligation to thank the Almighty ‘because You gave as an inheritance to our forefathers a desirable, good and ample land’, as the text of the Grace has it, since the original distribution of the land was made to the male members of the tribes. If that were so, counters the Tosafot commentary, then the Cohen and the Levi, who have no share in the land, would not qualify, which is patently not the case. Tosafot conclude that women are not qualified for the men’s zimun on account of the phrase, ‘we thank You…for Thy covenant (britecha) that You have sealed in our flesh and Your Torah that You have taught us (women are exempt from the obligation to learn Torah, although they can take this upon themselves).

All agree that the recital of the Grace itself is a Biblical command, based on the passage ‘when the Almighty will bring you into a good Land…and you will eat and be satisfied and you shall bless (ve achalta ve savata u berachta) the Lord your God’ (Deut.8, 10). That Biblical statement applies to all the Israelites.

If the Biblical commandment is incumbent on all, can women’s Grace do duty for men? Is there a Rabbinical component that prevents this? The answer lies in the qualification of people to recite the formal service of the Grace after meals – which takes us back to the issue of zimun.

Grace with zimun may only be said if a minimum quantity of food has been eaten (an olive size amount). This quantity (shiur) was determined by the Rabbis. The status of a person who has fulfilled a Rabbinical injunction cannot confer a Biblical status of obligation.

Rabbi Duvdevani summed up: Women have a Biblical obligation to recite the Grace (ve achalta ve savata u verachta) and a Biblical obligation of zimun (‘Magnify the Lord with me’). Their recital cannot do duty for the men who have a Rabbinical requirement for zimun (to eat a shiur) . Nor can women’s zimun serve to make the Grace a formal service. Women may say thezimun by themselves and they may respond to the men’s zimun. Men may respond to the women’s zimun if they cannot form a quorum, but those responses do not constitute their zimun (Rav Auerbach cited by Rav Herzel Henkin, Responsa Benei Banim, part 3,1).