26 Oct WOMEN AND LEADERSHIP ROLES

R e c e n t l y
certain kashrus
agencies have
begun to offer
courses for
women to
make them
m a s h g i c h o t .
These roles can
be either to visit
certain plants or
to maintain the kosher program in a
full time capacity in a restaurant. Many
times women have high positions in
certain jobs. Is it permitted for women
to vote? Can Jewish women become
an elected official? Can a woman be
on a shul board? All these and other
issues will be addressed in this issue.
Introduction
Whether a woman can be a mashgichot
is divided into two parts. 1. Can a
woman hold a job which has authority?
2. Can a woman be believed that
certain products are kosher etc? We
will begin to discuss the first aspect
of this issue first which has many
variables and then we will discuss the
“believing” a woman aspect.
Source
The Rambam says that a “We do not
appoint a woman as a king as it says in
the Torah “Appoint a kings” but not a
queen. In addition a woman may not be
appointed to nay leadership among the
Jewish people. Other Rishonim quote
the Rambams opinion as well. Some
opine that this is an issur d’rabbanan,
while others maintain this is a d’oraisa.
Reasons
There are a few reasons given
why a woman should not have an
authoratiative job.
Some say it is because of tznius that a
woman should remain at home (this is
not applicable today since women are
found on the streets). Others say it is
because a women is general are more
compassionate and will not be able to
do the job properly. While others say
this halacha is learnt out of a posuk
(gezeiras hakasov) and does not have
a reason for it.
Devorah
The Rishonim are bothered with the
question how Devorah was a judge in
klal yisroel if a woman is not allowed
to have a leadership position. The
Shulchan Aruch says that a woman is
not allowed to judge. Some Rishonim
hold that the fact that Devorah was a
queen was because she acted like a
queen but was not actually a queen. In
addition, the nation accepted her upon
them to be judged etc by her. Since the
nation accepted her and she was not
forced on the people by a Sanhedrin
etc it is not considered “authority.”
This is considered “charismatic
leadership.” Harav Moshe Feinstein
zt”l says Devorah was so great that
she automatically was the judge in klal
yisroel and there was no need to be
appointed.
During the period of the second Bais
Hamikdosh queen Shlomtzion ruled
over the Jewish people for nine years.
However, since she was elected as a
queen the above discussion does not
apply.
Authority – Serara
According to the Rambam quoted
above a woman may not do any role
of readership not just refrain from
being a queen. However, the opinion
of many Rishonim is not like the above
opinion of the Rambam and they hold
the leadership position which a woman
may not have is limited to a queen, but
other leadership positions would be
permitted.
Nonetheless, Harav Moshe Feinstein
zt”l maintains that although the
Rambam’s view is not accepted by
most Rishonim, one should follow
his opinion. However, in case of need
one would be able to rely on the other
Rishonim (see below).
What is Considered Authority
We have mentioned above that a
woman is not allowed to have a
leadership position; however, what
is considered having leadership or
authority?
Harav Moshe Feinstein zt”l maintains
that if one has a job which makes
someone have power over his employer
then this is considered authority. This
can be called “discretionary power.”
In other words he is a decision maker
on his own. He says this is common
in kashrus, where a mashgiach is hired
by an owner and he tells him what to
do even if the owner does not want
to serve kosher etc. and to make sure
that everything runs smooth.A regular
worker is hired to act according to the
will of his employer. One who has to
answer to people on top of him, is not
considered authority.
In a teshuva regarding a ger being a
Rosh Yeshiva or Mashgiach Ruchni
in a Yeshiva, Harav Moshe Feinstein
zt”l says although a ger should not be
appointed to a serara – have authority,
a Rosh Yeshiva and Mashgiach can
tell boy to leave the Yeshiva but this is
just doing there job and not considered
having an authoritative position.
Some poskim are of the opinion that
the above halacha does not apply to
being having authority over women.
For example, being in charge and
having authority of women’s tzedaka,
schools etc.
One of the Rishonim say that if a
woman is more eligible for a specific
job than a man then the halacha of a
woman not having a job of authority
does not apply.
There are those who say authority is
only if it is a job which is everlasting
(till the person dies) but if it is for a
specific amount of time then it is not
considered authority.
Being a Mashgicha (Woman
Mashgiach)
As mentioned above it has become
common for some kashrus agencies to
train women to become a mashgicha.
In practice some agencies use women
as mashgichot in food service
establishments. We stated above that
being a mashgiach is a job which has
authority and accordingly a woman
should not be a mashgicha. Harav
Moshe Feinstein zt”l said in a case of
need one can rely on those who argue
with the Rambam. Others say that
Harav Moshe Feinstein’s teshuva was
written for a specific case and should
not be relied upon as a clear heter
and allow women to be a mashgicha.
Nonetheless, the custom is to be lenient.
Harav Moshe Feinstein zt”l says one
who wishes to go in accordance even
with the Rambam then the kashrus
agency should arrange that she is paid
by the kashrus agency and not by the
store etc as mentioned above. If this
is done it is permitted even according
to the Rambam. This is the opinion of
Harav Yisroel Belsky Shlita and Harav
Herschel Shachter Shlita as well.
One who takes a job as a mashgicha
should be careful if an issue of yichud
arises (see below in the section
regarding believing woman).
In any case even a woman who bosses
workers around as a mashgicha in
a restaurant would be more of an
issue then a woman who visits plants
to make sure the kosher program is
running smoothly.
Voting and Being Elected
When one votes one is demonstrating
that he wants a specific person to win
and he has a say because the majority
of votes wins. There are many teshuvos
written which discuss if women should
vote and if a woman should be an
elected official.
Some wish to say that based on the
above Rambam that a woman should
not vote or be elected, because it is
giving a woman job with authority.
(However, many argue with the
Rambam and therefore, if there is a
need his opinion does not have to be
followed). Other reasons are offered as
will be listed below:
In earlier years women did not have
public roles and were not out in the
streets so women should follow with
this. To be involved with politics
involves open discussions with men
etc and this is not fitting for a woman.
In Judaism the family is very important
and if politics are mixed into it then
she will be jeopardizing her family.
If a woman is involved in politics
then it may cause friction in shalom
bayis since she may have different
views then her husband. According to
this voting would be permitted if the
opinion is not discussed who she voted
for.
Many poskim both in Eretz Yisroel
and in America did not allow women
to vote or to be elected officials
holding a public position in the
government. Such Rabbonim included
Harav Yehoshua Leib Diskin zt”l,
Harav Yosef Chaim Sonnenfeld zt”l,
Harav Yecheil Michel Tukishinsky
zt”l, Harav Yitzchok Hakohen Kook
zt”l and others.
Those who Permitted Voting and
being Elected
There were Rabbonim who permitted
women to vote and be elected officials.
Included are Harav Tzvi Pesach Frank
zt’l, Harav Elimelech Turk, and Harav
Bakshei Doron Shlita.
Reasons to Permit
One of the reasons to permit women
to vote is that if they would not vote
then the Jews would not have a say in
Eretz Yisroel.
One of the main reasons for not letting
a woman vote or be an elected official
is because it is considered authority.
However, being elected does not fall
into this category as will be explained:
Many poskim disagree with the
Rambam and hold a woman may only
not have a position of a queen but other
positions are permitted. In addition if
one is elected as an official by people
and is not forced upon them unwillingly
then this is not considered “authority”
and a woman is permitted to have
such a position. This is considered
like the woman is like our messenger.
Furthermore, when a woman is elected
to a position in the Knesset etc she has
people over her for whom she has to
answer to. In addition, Harav Moshe
Feinstein zt”l says we do not have
to involve our selves with the Israeli

G o v e r n m e n t
who are kofrim
if they wish to
elect a woman
for the Prime
Minister.
One of the
r e a s o n s
mentioned above
not to allow
women to vote
is because it is not modest. However,
when one votes she goes into a booth
and pushes the name of the person she
wants to vote for and there is no lack
of modesty in doing so.
The claim that voting is a lack of
shalom bayis can be refuted by the
husband and wife not talking about
their political views.
Women as a Shul President – Shul
Board
Based on the Rambam mentioned
above, one may say that a woman
should not be a shul president because
it is a job of authority, and being on the
shul board as well would be an issue.
However, some say that this is not so
since even according to the Rambam if
one is elected as a shul president or to
be on the shul board it is not considered
authority. Especially since the above
positions still have to answer up to
the board in general before making
decisions. Harav Moshe Feinstein zt”l
says that being a shul president should
not be done because this is considered
authority. In any case, since this may
be a sticky issue when it arises one
should consult with his
Rav.
A Woman Posek –
Rabbi
Some women have
questioned if they are
allowed to learn a certain
subject and give their
opinions on the matter to
women. The halacha is
very clear that a woman is
not allowed to be a judge.
The Birchei Yosef is of
the opinion that although
a woman is not allowed
to judge, if a woman who
knows a certain subject in Jewish law is
able to pasken she can do so. This was
done in some places in part because
women do not feel comfortable asking
men their question relating to hilchos
niddah. However, in practice woman
who does this are only advisors, and
not “Rabbis.” The subject of whether
a woman is allowed to be a Rabbi was
discussed in many journals and articles
other the years. We will not decide this
issue. The Gemorah in a couple of
places warns agains one who issues
halachic rulings and is not qualified to
do so.
Believing a Woman
In the onset of this issue we stating
that there are two issues with a
woman being a mashgiacha, one was
a position of authoirty which we dealt
with above. The other issue is whether
or not we can believe a woman in the
field of kashrus (and other areas).
This will be discussed below.
Woman as a Witness
The Gemorah in Bava Kama states
that a woman can not be a witness.
This is codified in Shulchan Aruch
as well.
Women and Issurim
A woman is believed when it comes
it issurim. This is leanrt from the fact
that a woman can count the days of
purity.
Tosfas says that we can rely on the
shechitah of a woman, even though
women generally don’t know the
laws of shechitah, because this
woman could have learned the
halachos of shechitah or hired
someone to do the shechitah. In
other words as long as it is b’yadah
(in her control) of a woman to insure
that things are done properly, so
halachically, we can believe her
testimony.
According to this as long as it was
under her control to make sure it is
kosher, we can rely on her. Even if
she didn’t actually prepare the food
but oversaw it’s production and
has the final say in whether it can
be served, that is also considered
b’yadah.
In addition, “b’yadah” is only
required in a case of ischazek issura
which means we know that an
issur exists (such as in the case of
shechitah where we know that at one
point the meat was assur – i.e. when
the animal was alive). If it is not
ischazek issura then even if it is not
b’yadah she is believed. An example
of this is whether a fish is kosher or
non-kosher.
Most of the happenings in a kosher
facility under the category of not being
isschazek issura. There is a fear of
buying non-kosher and therefore, there
is no reason to assume that the rest of
the food there is not kosher.
Therefore, Harav Moshe
Feinstein zt”l says that a woman
can be a mashicha (if she knows
what she is doing) even if it is
not in her hands control the
place she is inspecting and even
if the owner of the restaurant
was not religious.
According to all of this it would
seem that there is no problem
in having a female mashgicha.
However, there may a potential
problem as noted below.
The Gemara says that women
are believed to say that
they did bedikas chometz because
bedikas chometz is only a Rabbinic
statute. This would imply that their
testimony is not believed when the
issue is a Torah statute. This would
then contradict what Tosfas (cited
above) said regarding shechitah.
Tosfas answers that when there is a
lot of effort involved in insuring the
kashrus of something then women
are only believed if the issue is
Rabbinic. There are poskim who say
that the custom is to be lenient even
if it is something which requires
extra work. The Aruch Hashulchan
says “women are not lenient with
issurim because it involves work; we
see that they are very busy with any
issur. Items which are known to be
issur even if it is a lot of work they
will check to make sure the issur is
clean (ie, checking vegetales from
insects). In our days we never heard
even on the most righteous tzadikim
that they did not rely on their wives
for the kashrus of insects (etc).”
Based on the above, there would
be no issue with a woman being
a mashgicha even if there is a
lot of work involved. Although
some poskim maintain that if the
restaurant is run by someone who is
not religious and is known to be very
lax with kashrus standards, then it is
not recommended to have a female
mashgicha because it takes great
effort to make sure that everything
is running properly. In addition,
some say since a mashgiach has to
go to places in a facility where there
may be an issue of yichud it is not a
practical idea. Furthermore, woman
never served as mashgichos so we
should not start a new “custom.”
However, as mentioned above this
is not the overwhelming custom in
many places.