הלכה על דברים 1:12
Contemporary Halakhic Problems, Vol II
There is yet another passsage in Sifre which may be cited in support of the position that women are barred from holding public office. This argument was formulated by Rabbi Ritter of Rotterdam in the 12 Kislev 5680 issue of Maḥazikei ha-Dat.10See also another article by Rabbi Ritter, “Das Frauenwahlrecht nach der Halacha,” Jeschurun, VI, no. 9-10, Elul-Tishri 5679. Deuteronomy 1:12 records that Moses addressed the community of Israel and declared, "Get for yourselves men, wise, understanding and known to your tribes and I will place them over you." Sifre, puzzled by the seemingly superfluous term "anashim—men," queries, "Would you then have thought women?" and proceeds to interpret the term "anashim" as connoting individuals possessing exemplary qualities. While this exegetical comment recorded in Sifre certainly does not, in itself, serve to establish a halakhic prohibition against appointment of women to positions of communal leadership, Rabbi Ritter argues that the incredulity expressed by the Sages reflects the fact that such a prohibition was known to exist on the basis of some other source. However, in context, the comment of Sifre does not bear out Rabbi Ritter's contention. Moses' quest was not simply for persons to fill positions of communal leadership, but for judges to share the burden of judicial duties. Women are barred from serving as judges11See Ḥoshen Mishpat 7:4. but their exclusion from the ecclesiastic judiciary is based upon technical grounds not at all relevant to the question of whether or not they may occupy other communal offices. Since women are barred from serving as judges, Sifre, quite understandably, points out that the term "anashim" is superfluous. There is no reason to assume that Sifre would have expressed the same incredulity with regard to their suggestion of the appointment of women to other offices. Accordingly, no proof may be adduced from this source in establishing a prohibition against women occupying other positions of formal communal leadership.12Cf., Mishpetei Uzi’el, Ḥoshen Mishpat, no. 64, sec. 2.
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