Weekly Letter: A Woman Accepting the Position of Judge
In connection with the theme of judges, with which our parsha begins, we share a letter in which the Rebbe deals with the question of a woman accepting the position of Judge.
By the Grace of G-d
21 Tammuz, 5737
Brooklyn, N.Y.
Mrs.
Brooklyn, N.Y.
Blessing and Greeting:
Your letter reached me with some delay and regretfully, pressure of duties further delayed my acknowledgement.
With reference to the subject matter of your letter namely, your seeking a judicial appointment in the City Courts, mentioning, inter alia, that you are orthodox, married and mother of three children – I trust you will appreciate the fact the – in this matter as in all others – I can only be guided by halachah. The halachah, however, does not approve of a woman holding the office of Dayan (Judge). As has amply been explained, this is in no way a reflection on the status and importance of womanhood, but is based on the fact that the Creator has given the Jewish woman a superior and more vital task of Akeres Habayis (“Foundation of the Home”) and mother – a task which requires her undivided attention for the wellbeing of her family and children, etc. Fr this reason the Creator has endowed her with a generous measure of emotional qualities – gentleness, compassion, tolerance, indulgence, etc. – all of which are essential in the raising of the children and conduct of the household.
Of course, as in all things, there may be exceptions to the rule and there may be women who take a strictly objective view in all situations, just as there may be men whose emotional disposition predominates over their judgments. But the halachah is of course based on the rule, not on the exception.
A further consideration is this: though the office of a Judge in a Civil Court, certainly in a Family Court, cannot be equated with that of a Dayan, and for many reasons there are many nowadays who do not recognize the distinction and look for heterim (dispositions) which, if they cannot be found, are invented through distortion of the halachah, in order to find some ostensible justification at least; with the result that in certain circles they already approve women ”Rabbis,” etc.
Thus, while you may have legitimate personal reservations and exceptions, the fact of an orthodox Jewish housewife and mother holding the position of Judge would strengthen the inimical forces undermining the halachah and further enlarge eth breach in their clamor for women Rabbis, Dayanim, etc.
In a matter of such importance, affection public opinion and public office, one must be very circumspect even in a case of doubt.
In light of the above, I hope you will understand my position in this matter.
May G-d, Whose benevolent Providence extend s to each and everyone, lead you in the way tha is truly good in every respect.
With esteem and blessing,
