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Picking and Choosing

Nathaniel Helfgot has posted at Text and Texture on Women, Communal Leadership, and Modern Orthodoxy. Many people who oppose women in positions of communal leadership cite a statement of the Rambam in Hilkhot Melakhim 1:5. Helfgot’s comments on the reception of this Rambam are worth quoting.

In this context, I would also add a question of halakhic methodology and consistency that needs to be examined in this (and many other halakhic) issue. There are many communal voices who despite the existence of opinions against the Rambam’s view or severely restricting its contemporary application take the position that we should be mahmir for the shitat ha-Rambam.

Here it has always struck me as odd why on this specific issue is the “Rambam’s position” the only one that should be entertained communally?

There are many other opinions of the Rambam, some of them quite central to his world-view that much of the Orthodox community seems to have no problem in neutralizing or ignoring because other views exist. In many cases the sociological realities pressed us to be lenient and to consider other countervailing factors and values.

It would be difficult to find someone who isn’t selective in the sources that they choose to hold as authoritative. Some are just more cognizant of it and willing to admit it than others.

4 Responses to “Picking and Choosing”

  1. 1
    steve:

    Hmm. Maybe because the poskim quote this Rambam as halacha http://www.traditiononline.org/news/article.cfm?id=105526

    How many chanukah menoras does Nati’s family light on Chanukah everyone with their own? Why does he pick that Rambam to follow and not others?

    Why does he pick one tshuva from Rav Ovadya to follow and not the many others? Who’s picking and choosing now?

  2. 2
    Menachem Mendel:

    Steve,

    While you may have read Nati’s post, he does address the issue that many poskim hold that the Rambam’s opinion is authoritative, while also saying that many do not, and he directly refers to Rabbi Bleich’s article. His point is that the question is not purely halakhic and that those who on THIS issue hold the Rambam’s opinion to be sacrosanct seem to ignore him on many other ones.

  3. 3
    tzvee:

    rambam reflects egyptian social mores of the middle ages. judging by what persists today, that was and is not particularly conducive to women’s rights or equality. his views on the matter can be accepted or rejected, but perhaps they should be understood in that context before deciding what to do with them.

  4. 4
    Jeffrey R. Woolf:

    I’m afraid that Tzvee’s comment may be seen as singularly unhelpful to the supporters of women’s ordination.

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