Women and Kriyat HaTorah

The Gemara discusses the second of Ezra’s ordinances: And that they should read the Torah on every Monday and Thursday. The Gemara asks: Did Ezra institute this practice? But it was instituted from the beginning, i.e., long before his time. As it is taught in a baraita with regard to the verse: “And Moses led Israel onward from the Red Sea, and they went out into the wilderness of Shur; and they went three days in the wilderness, and found no water” (Exodus 15:22). Those who interpret verses metaphorically said that water here is referring to nothing other than Torah, as it is stated metaphorically, concerning those who desire wisdom: “Ho, everyone who thirsts, come for water” (Isaiah 55:1). The baraita continues: The verse means that since the Jews traveled for three days without hearing any Torah they became weary, and therefore the prophets among them arose and instituted for them that they should read from the Torah each Shabbat, and pause on Sunday, and read again on Monday, and pause on Tuesday and Wednesday, and read again on Thursday, and pause on Shabbat eve, so they would not tarry three days without hearing the Torah. Evidently this practice predates Ezra.

The Sages taught in a Tosefta (Megilla 3:11): All people count toward the quorum of seven readers, even a minor and even a woman. However, the Sages said that a woman should not read the Torah, out of respect for the congregation.

...And all go up to the count [reading] of seven, even a woman, even a minor. We do not bring the woman to read in public.

The mishna notes an additional difference between the obligations of men and women in the performance of mitzvot: With regard to all positive, time-bound mitzvot, i.e., those which must be performed at specific times, men are obligated to perform them and women are exempt. And with regard to all positive mitzvot that are not time bound, both men and women are obligated to perform them.

(1) (Devarim 11:19) "And you shall teach them to your sons to speak in them": and not to your daughters — whence they ruled: When a child begins to speak, his father should speak to him in the holy tongue and teach him Torah; and if he does not do so, it is as if he had buried him, it being written "And you shall teach them (words of Torah) to your sons to speak in them … (21) so that your days will be multiplied and the days of your sons." And if not, your days will be shortened. For thus are words of Torah expounded: From the negative, you infer the positive; and from the positive, the negative.

This is the general rule: all those who are not obligated to carry out a particular action, cannot release [others] from their obligation.

(12) Gather the people—men, women, children, and the strangers in your communities—that they may hear and so learn to revere the LORD your God and to observe faithfully every word of this Teaching.

And a minor: ...From here we learn that a woman is obligated to hear the reading of the Torah, and even though women are not obligated in the commandment of learning Torah, they are still commanded to hear it as in the commandment of 'hakhel' in which women and children are obligated...

Women are as obligated to hear the Torah reading as men, and it is a commandment to translate for them that they may understand.

(5) The Torah reading and the blessings had to be in the sacred tongue, as it is written: "You shall read this Torah" (31:11), in its very language, even though there might be there persons using a foreign language.

(6) Proselytes who did not know Hebrew were required to direct their hearts and listen with utmost awe and reverence, as on the day the Torah was given at Sinai. Even great scholars who knew the entire Torah were required to listen with utmost attention. If there was a person who could not hear, he had to direct his heart to this reading, which Scripture has instituted only for the purpose of strengthening the true faith. Each had to regard himself as if he had been charged with the Torah now for the first time, and as though he had heard it from the mouth of God, for the king was an ambassador proclaiming the words of God.

The people of the Galilee sent a question to Rabbi Ḥelbo: What is the halakha with regard to reading from ḥumashim, i.e., scrolls containing only one of the five books of the Torah, in the synagogue in public? Is this permitted, or is it necessary to read from a complete Torah scroll? An answer was not readily available to him. He came and asked Rabbi Yitzḥak Nappaḥa, but an answer was not readily available to him either. Rabbi Yitzḥak Nappaḥa came and asked this question in the study hall, and they resolved the difficulty from that which Rabbi Shmuel bar Naḥmani says that Rabbi Yoḥanan says: With regard to a Torah scroll that is missing even one sheet of parchment, one may not read from it in public. This indicates that an incomplete Torah scroll may not be used for a public Torah reading. The Gemara rejects this argument: But that is not so, i.e., this cannot serve as a proof to the matter at hand. There, it is lacking part of the matter it is addressing, as a sheet of parchment is missing, whereas here, it is not lacking part of the matter it is addressing, as it contains a complete book. Rabba and Rav Yosef both say: One does not read from ḥumashim in the synagogue out of respect for the community.

The Sages taught: If one’s beard is fully grown, he is fit to be appointed an emissary of the community for various matters, and to descend before the ark as a prayer leader, and to lift his hands for the Priestly Benediction...

(11) None should be appointed as Reader to the Congregation unless he is reputed for his knowledge and exemplary conduct. If he is an old man, all the better. An endeavor should be made to secure one who has a pleasant voice and is accustomed to read. Anyone whose beard is not full grown, even though he is a great scholar, should, out of respect to the Congregation, not be appointed as the regular reader. But one may publicly recite the blessings before the Shema, as soon as the marks of puberty appear and one has passed the age of thirteen years.

(6) We do not appoint anyone who does not have a full beard because of the honor of the congregation, but if by happenstance [something comes up], someone which has brought [i.e. grown] two hairs can go down before the Ark as long as he has not been appointed by the congregation or by the [regular] leader appointing him to relieve him to pray for him for defined occasions.

(17) A woman should not read the Law at a congregational service, out of respect to the congregation. A minor who can read and understands to whom the blessings are offered may be counted in the number of those who read the Law. The person who reads the lesson from the Prophets is also counted in their number, since he reads in the Torah as well. If, however, the reader of the congregation intervened with the recital of Kaddish between the reader of the concluding section of the Pentateuchal portion for the day and the reader of the lesson from the Prophets, the latter is not counted in the number of those who read the Law. In a congregation where there is only one individual competent to read, he goes up to the reading-desk, reads a section, goes down, then goes up again and reads a second section, does the same a third time and so on till he has completed the number of those who should have read that day.

The Gemara cites an additional proof from a baraita: Come and hear: Great is human dignity, as it overrides a prohibition in the Torah. The Gemara asks: Why? Let us also say here: “There is neither wisdom, nor understanding, nor counsel against the Lord.” Rav bar Shaba interpreted this prohibition, which is overridden by human dignity, before Rav Kahana as referring to the prohibition of: “According to the Torah taught to you and the ruling handed down to you, you shall do, you shall not deviate to the left or the right from that which they tell you” (Deuteronomy 17:11). The Yeshiva students laughed at him, as the prohibition of “you shall not deviate” is by Torah law, like all other Torah prohibitions. Why should human dignity override it any more than any other Torah prohibition? Rav Kahana replied to them: A great man has spoken, do not laugh at him. The Sages based all rabbinic law on the prohibition of “you shall not deviate”; however, due to concern for human dignity, the Sages permitted suspension of rabbinic law in cases where the two collide. All rabbinic decrees are predicated on the mitzva in the Torah to heed the judges in each generation and to never stray from their words. Therefore, when the Sages suspend a decree in the interest of preserving human dignity, human dignity is overriding a Torah prohibition. In any case, it only overrides rabbinic decrees. The Gemara cites an additional proof from a baraita: Come and hear: With regard to the laws of returning a lost object, it is stated: “You shall not see the ox of your brother or his sheep go astray and ignore them; return them to your brother” (Deuteronomy 22:1). The baraita explains that the seemingly extraneous expression and disregard them must be understood to give license that at times you disregard lost objects and at times you do not disregard them.

"Similarly, [a judge] has the right to bind one's hands and feet, imprison him in jail, push and drag on the ground… With regard to everything, his actions must be for the sake of Heaven. He may not take human dignity [kevod ha-beriyot] lightly, for it overrides rabbinic prohibitions, and certainly the dignity of the children of Avraham, Yitzchak and Yaakov who bear the true Torah…"

All of those who are ritually impure (temeim), even menstruating women (nidot), are permitted to hold a sefer torah and to read from it, provided that their hands are not filthy or dirty.

Any impure person, even [a woman in] a niddah state or a gentile, may hold a Torah scroll and read it. The words of Torah do not contract ritual impurity. This applies when one's hands are not soiled or dirty with mud. [In the latter instance,] one should wash one's hands and then touch the scroll.

(1) Peah is given from [the crop] while it is still connected with the soil. But in the case of hanging vine-branches and the date-palm, the owner brings down [the fruit] and distributes it among the poor. Rabbi Shimon says: the same applies to smooth nut trees. Even if ninety-nine [of the poor] say [to the owner] to distribute it and one says to leave it in the field, this latter is listened to, since he spoke in accordance with the halakhah.