24 Feb WOMEN OF THE WALL THROUGH THE LENS OF HALACHA
Last week, the Israeli
Supreme Court
issued a forceful
order requiring the
state to advance long-
stalled plans for a
permanent egalitarian
prayer area at the Kotel- the Western Wall,
intensifying a decades-long legal and religious
struggle over who defines the character of
Judaism’s holiest accessible site. The ruling
has already triggered political backlash and
renewed legislative efforts aimed at limiting
judicial influence over religious arrangements
there.
At the center of this ongoing dispute stands
Women of the Wall, founded in 1988 to
advocate for women’s right to pray according
to reform custom at the site. Their practices—
such as praying aloud, wearing Takit and
tefillin, and reading from a Torah scroll—
have sparked fierce debate. Supporters view
them as champions of religious freedom and
pluralism, while critics see their efforts as a
challenge to longstanding tradition. Over the
years, their petitions have driven court rulings,
government negotiations, and policy shifts,
making them one of the most influential
actors in the continuing struggle over prayer
rights at the Kotel.
In this article, we will not attempt to justify
their provocative intentions, which are clearly
objectionable for many reasons: their aim to
challenge established customs, their
willingness to contradict leading rabbinic
authorities across the board, and the pain this
causes many within Klal Yisrael who feel they
are defying the sanctity of the holy site,
among other concerns. Rather, our focus will
be on the core of the halachic debate—namely,
whether women are permitted, from a halachic
standpoint, to perform the mitzvot in question.
Tefilin
Are women obligated or permitted to wear
tefillin? Women are not obligated, since this
mitzvah is time-bound, as it does not apply on
Shabbat or Yom Tov. Although one might
argue that they should be permitted to perform
it voluntarily, the Rema writes(Siman 38, 3)
that women should not wear tefillin, and
many poskim add that if a woman wishes to
put on tefillin, she should be discouraged.
Although the Gemara relates (Eruvin 96) that
Michal, the daughter of King Shaul, wore
tefillin, many commentators explain that her
conduct was not
accepted as proper
practice.
Tsitsit
Tzitzit, too, is a time-
bound mitzvah, since
it does not apply at
night. On the other
hand, a woman who
wishes may technically
wear it; nevertheless,
the Rema writes
(Siman 17) that she
should not, as it is
considered a form of
yuhara (spiritual
arrogance). Moreover,
according to
Kabbalistic teachings,
this mitzvah is
associated specifically
with men, and women
are understood not to
be included within its
domain (Rav Pealim in the name of the Ari).
The Targum (Yonatan ben Uziel) writes that
women who wear tefillin or tzitzit violate the
prohibition of “do not wear men’s clothing.”
Aliyah for the Torah
A woman should also not be called up to the
Torah for an aliyah. As Chazal state, the
Baraita in the Gemara (Megillah 23a) says:
“Everyone is counted among the seven, even
a minor and even a woman; but the Sages
said: a woman should not be called to read
from the Torah, because of the dignity of the
congregation.”
We see that the Chachamim placed a
restriction on women going up to the Torah.
Regarding the beginning of the Baraita,
which appears to permit a woman, the Meiri
holds that the possibility of a woman being
called up did exist in principle, but only in
the time of the Mishnah, when only the first
and last person in the reading would recite
the blessing over the Torah. In that case, a
woman could ascend in the middle of the
reading without reciting a blessing. After the
Chachamim instituted that every person
called up must recite their own blessing, it is
no longer permissible for a woman to be
called, since she is not obligated in the
reading and cannot properly recite the
blessing. Another opinion among the
Rishonim, the Maharam from Rotenburg,
explains that the Baraita’s allowance refers
only to situations when no men are available;
if men are present, the end of the Baraita
clearly rules that a woman is not permitted to
be called up. The same idea is also expressed
by the Yaavetz.
Minyan
Women cannot form a minyan, nor can a
woman complete a minyan if there are nine
men. The reason is that the concept of a davar
she-bikdushah is derived from the verse
Chazal which” ,ונקדשתי בתוך בני ישראל”
connect to the episode of the spies sent to
scout the Land of Israel—who were ten men,
not women.
Kippah
Some of these women wear a kippah— a
yarmulke—strange as it may sound. Wearing
a kippah would likewise violate the
prohibition of “do not wear men’s clothing.”
Avoiding disputes and division
An additional prohibition is acting differently
from the community, known as the prohibition
of “lo titgodedu.” Its meaning is that one
should not follow practices that differ from
those of the rest of the local community or
congregation, in order to prevent division,
dispute, or the impression of “two Torahs.”
This principle requires maintaining uniformity
in public, halachic, and communal practices,
especially in matters between the individual
and the community.
Final words
In conclusion, we wish to state the obvious:
these women do not operate within the
framework of halacha, and the halachot we
have discussed are not addressed to them. The
purpose is for us—to understand what is
halachically wrong and why it is wrong. This
is aside from the fact that their actions appear
intended to provoke those who regard the
Kotel and the sanctity of halacha as sacred
and deeply significant.