The Feminist Challenge to Halakhah

by Tikva Frymer-Kensky

FOOTNOTES

1 There is a very large bibliography on the Halakhah. To suggest just a few sources on its nature: Eliezer Berkovits, Not in Heaven: The Nature and Function of Halakhah, New York, Ktav 1983; Elliot Dorf and Arthur Roset, A Living Tree: The Roots and Growth of Jewish Law: Albany, SUNY. 1988; Menachem Elon, Hamishpat haivri, English Translation, JPS 1994; Robert Gordis, The Dynamic of Judaism: A Study in Jewish Law, Bloomington, IN 1990; Louis Jacobd, The Tree of Life: Diversity, Creativity and Plurality in Jewish Law, Litman Library of Jewish Civilization, Oxford University Press, 1984; Ephraim Urbach, The Halakhah: its Sources and Development, trans. Raphael Posner. Massada, Yad Latalmud 1986.

2 The term the "feminine voice" comes from Carol Gilligan, In a Different Voice: Psychological Theory and Women's Development (Cambridge MA Harvard University Press, 1982. For the similarities of this voice to Halakhah see Steven Friedell, "The `Different Voice' in Jewish Law: Some Parallels to a Feminine Jurisprudence" Indiana Law Journal 1992 pp 915-949.

3 Tsvi Abusch, "Akaktu and Halakhah: Oracular Decision, Divine Revelation," Harvard Theological Review 80 (1987) 15-42.

4 For another understanding of halakhah as "Way", see George Fletcher,_"Ho and Halakha", Sevara 1:1 1990 13-15.

5 For the role of sanctions in law, see Robert Cover, "Violence and the Word" 95 Yale Law Journal 1601-1629 (1986).

6 For the applicability of Cover to Halakhah, see Gordon Tucker, "The Sayings of the Wise are like Goads : An Appreciation of the Works of Robert Cover", Conservative Judaism 45 (1993) 17-39 and Rachel Adler, "Feminist Folktales of Justice: Robert Cover as a Resource for the Renewal of Halakhah," Conservative Judaism 45 (1993)40-55 and Tikva Frymer-Kensky, "Towards a Liberal Theory of Halakhah," Tikkun 1995.

7 See the very important work by Robert Cover, "The Supreme Court 1982 term Foreword: nomos and narrative" 97 Harvard Law Review 4-68(1983) and also Bryan Schwartz, "individuals and community", Journal of Law and Religion 7 131-171.

8 These narratives have been separately published by TIkva Frymer Kensky, "Towards a Liberal Theory of Halakhah" Tikkun 1995.

9 David Weiss Halivni, Peshat and Derash: Plain and Applied Meaning in Rabbinic Exegesis, New York, Oxford University Press, 1991.

10 The 49 conduits are from the Maharshal (R. Shelomo Luria), 16th century in the introduction to yam shel shelomo on hulin; R. Levi Yitshak's formulation, 19th century is from Kedushat Levi. Both are cited by Moshe Sokol , "What does a Jewish Text Mean? Theories of Elu Va-Elu Divrei Elohim Hayim in Rabbinic Literature" da'at 32-33 (1994) pp xxiii-xxxv.

11 See Jacobs, A Tree of Life p 139.

12 The change was stated by R. Joseph Colon and R. Jacob Weil. See the discussion in Jacobs, A Tree of Life pp 138-139.

13 See the discussion by Moshe Meiselman, Jewish Woman in Jewish Law, 1978 pp 47-49.

14 Rashi's comment is to BT ketubot 57a ka mashma lan; the Hatam Sofer to BT Pesahim 3b ke-gedi. They are discussed in Moshe Sokol, "What does a Jewish Text Mean?: theories of elu ve'elu divrei elohim hayim in Rabbinic Literature" da' at 32-33 (1994) pp. xxiii-xxxv.