Tag Archives: Ezra

The Forgotten Reason For Fasting on the Tenth of Tevet

Today we mark one of the “minor” fast days of the Jewish calendar: Asarah b’Tevet, the Tenth of Tevet. Technically, in ancient times there were three separate fasts instituted on the eighth, ninth, and tenth days of Tevet. However, because fasting three days in a row is not practical for most people, the three were combined into a single day. None of this is coincidence, of course, and there is a profound connection between the “three” fasts. First, a recap: what does each of these fasts commemorate?

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How Esau Became Rome

In this week’s parasha, Toldot, we are introduced to the twin sons of Isaac: Jacob and Esau. The Torah tells us that the boys grew up and Esau became a “man of the field” while Jacob was “an innocent man sitting in tents” (Genesis 25:27). In rabbinic literature, Esau takes on a very negative aura. Although the Torah doesn’t really portray him as such a bad guy, extra-Biblical texts depict him as the worst kind of person.

A 1728 Illustration of Esau selling his birthright.

Take, for instance, the first interaction between Jacob and Esau that the Torah relates. Esau comes back from the field extremely tired. At that moment, Jacob is cooking a stew. Esau asks his brother for some food, and Jacob demands in exchange that Esau give up his birthright (ie. his status as firstborn, and the privileges that come with that). Esau agrees because “behold, I am going to die” (Genesis 25:32). The plain text of the Torah makes it seem like Jacob took advantage of Esau’s near-fatal weariness and tricked him into selling his birthright. This is later confirmed when Esau says that Jacob had deceived him (Genesis 27:36), implying that Esau never really wished to rid of it.

Yet, the Torah commentaries appear to flip the story upside down. When Esau comes back from the field exhausted, it isn’t because he just returned from a difficult hunt, but rather because, as Rashi comments, he had just come back from committing murder! When Esau says “I am going to die”, it isn’t because he was on the verge of death at that moment, but because he didn’t care about the birthright at all, choosing to live by the old adage of “eat, drink, and be merry, for tomorrow we die”. This is a very different perspective on the same narrative.

Another example is when, many years later, Jacob returns to the Holy Land and Esau comes to meet him. Jacob assumes Esau wants to kill him, and prepares for battle. Instead, Esau genuinely seems to have missed his brother, and runs towards him, “embracing him, falling upon his neck, and kissing him” (Genesis 33:4). Again, some of the commentaries turn these words upside down, saying that Esau didn’t really lovingly kiss his brother, but actually bit him! Rashi’s commentary on this verse cites both versions. He concludes by citing Rabbi Shimon bar Yochai in stating that although Esau, as a rule, hates Jacob, at that moment he really did love his brother.

So, how bad was Esau really?

Seeing the Good in Esau

Occasionally, we read about Esau’s good qualities. The Midrash (Devarim Rabbah 1:15) famously states that no one honoured their parents better than Esau did. This is clear from a simple reading of the Torah, too, where Esau is always standing by to fulfil his parents’ wishes. For instance, as soon as he learns that his parents are unhappy with his choice of wives, he immediately goes off to marry someone they might approve of (Genesis 28:8-9).

We should be asking why his parents didn’t simply tell him from the start that his original wives were no good? Why did they allow him to marry them in the first place? If Esau really was the person who most honours his parents, he would have surely listened to them! We may learn from this that Esau’s parents didn’t put too much effort into him. It’s almost like Rebecca gave up on her son from the moment she heard the prophecy about the twins in her belly. The Torah says as much when it states, right after the birth of the twins, that “Isaac loved Esau because his game-meat was in his mouth, but Rebecca loved Jacob.” (Genesis 25:28) Rebecca showed affection to Jacob alone, while Isaac’s love for Esau was apparently conditional. Of course, children always feel their parents’ inner sentiments, and there is no doubt Esau felt his parents’ lack of concern for him. Is it any wonder he tried so hard to please them?

From this perspective, one starts to feel a great deal of pity for Esau. How can anyone read Esau’s heartfelt words after being tricked out of his blessing and not be filled with empathy?:

When Esau heard his father’s words, he cried out a great and bitter cry, and he said to his father, “Bless me, too, O my father! …Do you not have a blessing left for me?” (Genesis 27:34-36)

Esau was handed a bad deal right from the start. He was born different, not just in appearance, but with a serious life challenge. He was gifted (or cursed) with a particularly strong yetzer hara, from birth. His fate was already foretold, and his parents believed it. They invested little into him. And it seems all he ever wanted was to make them proud.

Incidentally, this is one of the major problems with fortune-telling, and why the Torah is so adamant about not consulting any kind of psychic. The psychic’s words, even if entirely wrong, will shape the person’s views. It is very much like the Talmud’s statement (Berakhot 55b) that a dream is fulfilled according to how it is interpreted. A person believes the interpreter, and inadvertently brings about that interpretation upon themselves. It’s a self-fulfilling prophecy.

Who knows what might have happened if Rebecca never bothered to consult a prophet about her pregnancy? After all, Jewish tradition is clear on the fact that negative prophecies do not have to come true. God relays such a prophecy in order to inspire people to change, and thus avert the negative decree. Such was precisely the case with Jonah and his prophecy regarding Nineveh. The people heard the warning, repented, and the prophecy was averted.

Perhaps this is what Isaac and Rebecca should have done. Instead of giving up on Esau, they should have worked extra hard to guide him in the right direction. (Isaac indirectly did the opposite, motivating his son’s hunting since he loved the “game-meat in his mouth”.) The Sages affirm that Esau was not a lost case, and state that had Jacob allowed his daughter Dinah to marry Esau, she would have reformed him (see, for example, Beresheet Rabbah 76:9).

At the end, Jacob returns to the Holy Land and, instead of the war with Esau that he was expecting, his brother welcomes him back with open arms. He weeps, and genuinely misses him. Esau has forgiven his brother, yet again, and buries the past. He hopes to live with his brother in peace henceforth, and invites him to live together in Seir. Esau offers to safely escort Jacob and his family. Jacob rejects the offer, and tells Esau to go along and he will join him later (Genesis 33:14). This never happens. Jacob has no intention to live with Esau, and as soon as his brother leaves, Jacob a completely different course. Esau is tricked one last time.

We only hear about Esau once more in the Torah. When Isaac dies, Esau is there to give his father a proper burial (Genesis 35:29). In fact, the Book of Jubilees, which doesn’t portray Esau too kindly either, nonetheless suggests that Esau had repented at the end of his life. There we read that it was his sons that turned evil, and even coerced him into wrongdoing (37:1-5). In Jubilees, Esau tells his parents that he has no interest in killing Jacob, and loves his brother wholeheartedly, more than anyone else (35:22). He admits that Jacob is the one that deserves the birthright, and a double portion as the assumed firstborn (36:12).

The Torah never tells us what ends up happening to Esau. The Midrash states that he was still there when Jacob’s sons came to bury their father in the Cave of the Patriarchs. Esau tried to stop them, at which point Jacob’s deaf grandson Hushim decapitated him. (A slightly different version is found in the Talmud as well, Sotah 13a.) Esau’s head rolled down into the Cave of the Patriarchs, while the rest of his body was buried elsewhere. Perhaps what this is meant to teach us is that while Esau’s body was indeed mired in sin, his head was completely sound, and he certainly had the potential to be a righteous man—maybe even one of the forefathers, hence his partial burial in the Cave of the Patriarchs.

At the end of the day, Esau is not so much a villain as he is a tragically failed hero.

Why Did Esau Become so Evil?

Esau meets Jacob, by Charles Foster (1897)

As we’ve seen, the Torah itself doesn’t portray Esau as such a bad person. Conversely, one of the 613 mitzvot is “not to despise an Edomite, for he is your brother.” (Deuteronomy 23:8) The Torah reminds us that the children of Israel and the children of Esau (known as Edomites) are siblings, and should treat each other as such.

Nearly a millennium later, the prophet Malachi—generally considered the last prophet and, according to one tradition, identified with Ezra the Scribe—says (Malachi 1:2-3):

“I have loved you,” says Hashem, “Yet you say: ‘How have You loved us?’ Was not Esau a brother to Jacob?” says Hashem, “yet I loved Jacob, but Esau I hated…”

The text goes on to differentiate between Israel and Edom, stating that while Israel will be restored, Edom will be permanently extinguished. We have seen this prophecy fulfilled in history; Israel is still here, of course, while Edom has long disappeared from the historical record. Jacob’s descendants continue to thrive, while Esau’s are long gone.

By the times of the Talmud, there were no real Edomites left, so the Sages began to associate Edom with a new entity: the Roman Empire. The Sages certainly didn’t believe that the Romans were the direct genetic descendants of Esau, but rather that they were their spiritual heirs. Why did the Sages make this connection?

I believe the answers lies with King Herod the Great.

Recall that approximately two thousand years ago Herod ruled as the Roman-approved puppet king of Judea. He was a tremendous tyrant, and is vilified in both Jewish and Christian tradition. The Talmud (Bava Batra 3b-4a) relates how Herod slaughtered all the rabbis in his day, leaving only Bava ben Buta, whom he had blinded. Later, Herod had an exchange with Bava and realized how wise the rabbis were:

Herod then said: “I am Herod. Had I known that the Rabbis were so circumspect, I should not have killed them. Now tell me what amends I can make.”

Bava ben Buta replied: “As you have extinguished the light of the world, [for so the Torah Sages are called] as it is written, ‘For the commandment is a light and the Torah a lamp’ (Proverbs 6:23), go now and attend to the light of the world [which is the Temple] as it is written, ‘And all the nations become enlightened by it.’” (Isaiah 2:2)

A model of Herod’s version of the Second Temple in Jerusalem

Herod did just that, and renovated the Temple to be the most beautiful building of all time, according to the Talmud. It wouldn’t last long, as that same Temple would be destroyed by his Roman overlords within about a century.

What many forget is that Herod was not a native Jew, but an Idumean. And “Idumea” was simply the Roman name for Edom. Herod was a real, red-blooded Edomite. (Though it should be noted that the Idumeans had loosely, or perhaps forcibly, converted to Judaism in the time of the Hasmoneans.) Herod took over the Jewish monarchy, and began the horrible persecutions that the Roman Empire—of which he was a part—was all too happy to continue. It seems quite likely, therefore, that the association between Edom and Rome began at that point. The people resented that Roman-Edomite tyrant Herod that persecuted them so harshly.

Henceforth, it was easy for the Sages to spill their wrath upon Edom, and their progenitor Esau. Esau became a symbol of the Roman oppressor. “Esau” and “Edom” were code words, used for speaking disparagingly about Rome to avoid alarming the authorities. Indeed, when the Sages speak about the evils of Esau, they are often really referring to the evils of the Roman Empire. It is therefore not surprising that Esau becomes possibly the most reviled figure in the Torah—as the Romans were unquestionably the most reviled entity in Talmudic times.

Before Rome had collapsed, it had adopted Christianity as a state religion. The seat of Christianity would remain in Rome forever after. The Bishop of Rome, ie. the pope, would soon become Europe’s most powerful figure. Thus, when the Roman Empire itself collapsed, the Jews of the time saw the entire European-Christian world that arose in its place as Esau. 

There is a great deal of irony here: The mighty Roman Empire that so violently suppressed the Jews and their Torah soon adopted a quasi-Jewish cult as the state religion, and worshipped a Jewish man from Judea (Jesus) as their god! Christians would go on to push a “replacement theology”: that they are the new “Israel”, that God had abandoned the Jews in favour of Christians, and that the New Testament supersedes the “Old Testament”. In some ways, this is little more than Esau trying to take his old birthright back!

It is interesting to see that just as Esau teetered back and forth between loving Jacob wholeheartedly and wanting to exterminate him, Christian history displays much the same love-hate relationship with the Jews. There were times when the two happily coexisted side-by-side, and times that were the exact opposite. We see the same today, when there are Christian groups that are some of Israel’s biggest supporters and the staunchest opponents of anti-Semitism, and at the same time, other Christian groups that are some of Israel’s staunchest opponents and the biggest supporters of anti-Semitism. As a whole, Christians really do look like the spiritual descendants of Esau.

And “Is not Esau a brother to Jacob?” God asks (Malachi 1:2). From a religious perspective, Jacob and Esau are undeniably brothers, for Christianity emerged out of Judaism, and believes in the same ancient origins, texts, and traditions. So why does God “hate Esau” (Malachi 1:3)? Maybe He hates that Esau who is obsessed with converting Jews, or falsely accusing them of all sorts of horrible things, or constantly persecuting them; that Esau who simply won’t leave Jacob alone to “sit in his tents”.

Martin Buber once summarized the difference between Jews and Christians as such:

…to the Christian, the Jew is the incomprehensibly obdurate man who declines to see what has happened; and to the Jew, the Christian is the incomprehensibly daring man who affirms in an unredeemed world that its redemption has been accomplished. This is a gulf which no human power can bridge.

Hopefully the true Mashiach will soon come to bridge that gulf, and Esau and Jacob will finally reunite as old brothers.

Can Women Wear Pants?

In this week’s parasha, Ki Tetze, we read that “A man’s attire shall not be on a woman, nor may a man wear a woman’s garment because whoever does these is an abomination to Hashem, your God.” (Deuteronomy 22:5) In addition to the general prohibition of cross-dressing, this verse is typically used as a source for related rules such as, for example, forbidding women to wear pants, which are considered “man’s attire”. A deeper examination of the classic commentaries reveals some surprising things.

A 16th-century illustration of Rashi

Rashi (Rabbi Shlomo Itzchaki, 1040-1105) points out on this verse that cross-dressing is referring to a person who completely takes on the appearance of the opposite gender, so much so that they are able to go out among members of the opposite gender without being recognized. The ultimate purpose of this is to commit an act of adultery or some other sexual immorality. This is why the Torah says it is an “abomination”. The abomination, Rashi holds, is not the act of cross-dressing itself, but rather the abominable sexual sin that follows. So, technically, a person who wears the clothes of the opposite gender in private, without going out in public, or committing any sexual act, hasn’t sinned according to the letter of the Law. This is also one reason why many permit wearing costumes of the opposite gender on Purim, for there is no intent of sexual immorality.

On a related note, Rashi comments that for a man to shave his underarm or pubic hair is also forbidden, as this is a practice of women. Again, all depends on intent. If the man is doing so to appear feminine, it is certainly prohibited. However, if the man is doing so only for hygienic reasons, there is technically no problem.

While for a man to put on a woman’s dress (simlat ishah) is clearly forbidden by the Torah, for a woman to put on a man’s garment is not so clear. The term used is kli gever, literally a “male instrument”. The simplest interpretation is that it is referring not to clothing—which is not an instrument—but to weapons. The use of the word gever (as opposed to ish, “man”) is further proof, since the root of gever is associated with strength (gevurah) or battle. Kli gever, therefore, is very likely just a “battle instrument”.

This is how Chizkuni (Rabbi Chizkiyahu ben Menashe, c. 1250-1310) holds, and in doing so, brings as an example the Biblical Ya’el. Recall that Ya’el was the righteous woman who killed the wicked military oppressor Sisera (Judges 4-5). Chizkuni writes how Ya’el used a tent peg to kill Sisera, for it is forbidden for a woman to have implements of war. Chizkuni concludes with a further proof from an earlier commentator, the Ibn Ezra (Rabbi Avraham ben Meir ibn Ezra, 1089-1167). Ibn Ezra explained that the parasha begins by stating Ki tetze l’milchama, “When you go out to war” so the prohibition of kli gever is evidently referring to war instruments. Going out to battle, he says, is unbefitting a woman, and more gravely, would result in female and male soldiers fornicating.

Ibn Ezra also mentions the “abominable” connection to sexual immorality. Unlike Rashi, who speaks of adultery, Ibn Ezra cites those who speak of sodomy, or homosexual intercourse. A man might dress like a woman with the intention of seducing another man (or a woman of another woman). Ibn Ezra does not agree with this opinion, and says it is already abominable even without this, for one who cross-dresses is messing with “God’s Work”.

Pants or Skirts?

If the Torah does not explicitly prohibit women from wearing “male garments”, what is the issue with a woman wearing pants? In ancient times, there were no pants at all, of course. Everyone wore various tunics and robes. There were certainly pants by Rashi’s time, and one of his comments on the Talmud is particularly intriguing:

In discussing which parts of the body are immodest to expose, the Sages state that the shok is inappropriate to reveal, or to look at (Berachot 24a). The big question is: what is a shok? Some say the shok is the thigh, while others are more stringent and say the shok is the calf. In the latter case, wearing pants is actually favourable since it completely covers both legs down to the feet. Indeed, Rashi suggests in another place that women were required to wear pants for purposes of modesty!

“Ezra reading the Law in the hearing of the people” by Gustav Doré

The Talmud (Bava Kamma 82a) states that Ezra the Scribe made ten decrees upon Israel:

That the Torah be read [publicly] during Minchah on Shabbat; that the Torah be read [publicly] on Mondays and Thursdays; that courts be held on Mondays and Thursdays; that clothes be washed on Thursdays; that garlic be eaten on Fridays; that the housewife rise early to bake bread; that a woman must wear a sinnar; that a woman must comb her hair before performing immersion [in a mikveh]; that merchants be allowed to travel about in the towns, He also decreed immersion to be required by those to whom “pollution” has happened.

One of Ezra’s pronouncements was that women should wear a sinnar in the interests of modesty. Rashi comments here that a “sinnar” is like michnasaim, “pants”. Apparently, pants might be more modest than skirts.

Modesty and Halacha

Perhaps the major issue of wearing pants is that of pisuk raglaim, “separating the legs”. It is immodest for a woman to do so, and this has implications in a range of areas, particularly in horseback riding, which is discussed in the Talmud (Pesachim 3a). While the Sages suggest that a woman should ride a horse, camel, or donkey by sitting side-saddle, it goes on to quote verses from the Torah which clearly depict women, including Rebecca and Tzipporah, riding in the regular way. The Talmud concludes that this is because of “fear”. They were afraid to ride side-saddle, whether because of the animals, or of the night, or some other reason. There is no clear conclusion to the passage, with two of the disciples throwing in the towel and saying the discussion has drained all their energy.

Various halachic sources use pisuk raglaim as a key proof that pants are forbidden for women to wear, since they cause a separation of the legs. Others point out that pants are only a problem if they are tight-fitting, making a clear, visible “separation of legs”. So, loose pants might be permissible. It is said that Rabbi Yosef Eliyahu Henkin (1881-1973) permitted loose pants. His grandson, Rabbi Yehuda Herzl Henkin, shows that pisuk raglaim only refers to spreading legs in a sexual nature (as in Ezekiel 16:25, where the term originates). It has nothing to do with wearing pants—or even horseback riding, for that matter. (See his Bnei Banim, Vol. 4, Siman 28, Passage 6). Meanwhile, Rav Ovadia Yosef (1920-2013) ruled that it is sometimes better for women to wear loose pants than tight or short skirts (Yabia Omer, Vol. 4, on Yoreh De’ah 14).

In Scotland, it is still customary to wear a kilt to a wedding. Jews in Scotland wear kilts, too. (Credit: Brian at XMarksTheScot.com)

Finally, pants are not considered exclusively for men in today’s society. Women are just as likely to wear pants as men are. A woman that wears pants, even in public, does not set off any alarms in the public eye, just as a man wearing a kilt—skirt—in 18th century Scotland wouldn’t stand out. Much depends on the surrounding society and culture. Today, Jewish men are forbidden from wearing skirts or dresses, but in ancient times it was common for them to wear skirt-like and dress-like garments. This is illustrated in the Torah itself, which warns that the altar should have ramps instead of stairs, so that the priests would not have to lift their legs and expose themselves (Exodus 20:22). There were no pants or underwear in Biblical times after all.

While mainstream society should not dictate our modesty standards, it nonetheless plays a role. And while every Jewish woman (and man) must still prioritize utmost modesty, a woman who chooses to occasionally wear loose pants (especially in situations where skirts would be uncomfortable or inappropriate like, for example, horseback riding) certainly has upon whom to rely.


For more on pisuk raglaim and the modesty of pants, see here:

http://parsha.blogspot.com/2008/08/would-rashi-necessarily-condemn-pants.html

http://parsha.blogspot.com/2008/08/does-gemara-in-nedarim-prohibit-close.html