Tag Archives: Pesachim (Tractate)

Wasting Seed: Minor Taboo or Grave Sin?

In this week’s parasha, Vayeshev, we read about the incident of Yehuda and Tamar. Yehuda’s eldest son, Er, marries a beautiful woman named Tamar. Unfortunately, Er “was evil in the eyes of God, and God put him to death.” (Genesis 38:7) As was customary in those days, since Er died without a son, it was expected that his brother, Onan, would perform levirate marriage and take Tamar as his wife. As the Torah describes, the purpose of this is to essentially provide a sort of heir for his childless brother. Onan was happy to marry Tamar, but

knew that the progeny would not be his, and it came about, when he came to his brother’s wife, he wasted [his semen] on the ground, in order not to give seed to his brother. And what he did was evil in the eyes of God, and He put him to death also. (Genesis 38:9-10)

As we know, Yehuda would end up being with Tamar himself, and out of that union would come Peretz, the ancestor of King David.

‘Judah and Tamar’

The big question is: what was it that Er and Onan did that was so despicable to God? The classic answer is that they wasted their seed (as the Torah states above), which is why they were punished so severely. This narrative is then used as proof from the Torah that wasting seed is among the gravest of prohibitions.

And yet, the Torah itself does not actually prohibit wasting seed anywhere, at least not explicitly. Considering how strictly the Sages spoke about not wasting seed, we might be surprised to find that it is not one of the 613 commandments. So, what is the true extent of this prohibition? Where did it come from? And what was really going on with Er and Onan?

A Closer Look at Er and Onan

While the Torah tells us that Er was evil in God’s eyes, it does not explain why. Many commentators (including Rashi and Rabbeinu Bechaye) assume that he must have been evil for the same reason his brother Onan was: for wasting seed. Rabbeinu Bechaye (1255-1340) clarifies that the sin was not the act of wasting seed itself, but rather for an ulterior motive. Er did not want to impregnate Tamar so that her beauty would not be ruined. He wanted her solely for physical pleasure. This is what was despicable to God.

Similarly, a careful look at the Torah makes it clear that Onan’s sin was not wasting seed either. What the Torah says is that Onan did not want to fulfil the mitzvah of levirate marriage. He avoided impregnating Tamar because he “knew the progeny would not be his”, and the reason he spilled his seed on the ground was “in order not to give seed to his brother”. The sin here was not the act of wasting seed, but rather disrespecting his own brother, and refusing to fulfil the mitzvah of levirate marriage.

Such is the opinion of Tzror haMor (Rabbi Abraham Saba, 1440-1508), and we see similar comments by Sforno (Rabbi Ovadiah ben Yakov, 1475-1550). Chizkuni (Rabbi Hezekiah ben Manoach, c. 1250-1310) goes even further, saying that Onan was really out to increase his share of land, for if he would have fulfilled the mitzvah, the child would receive Er’s portion of land, and if not, then Onan would be the inheritor. From these commentaries, and the Torah’s own simple reading, we can definitively conclude that the sin was not the wasting of seed itself but the evil ulterior motives behind it, especially the disrespect for a brother.

All of this is right in line with the Torah’s persistent theme of brothers failing to love each other, starting with Cain and Abel and continuing through Isaac and Ishmael, Jacob and Esau, Joseph and his brothers, and Yehuda’s sons. The Torah takes every possible opportunity to remind us to love each other wholeheartedly (as we are all brothers), and that tragedies always befall the Jewish people when we lack brotherly love—as our Sages explicitly state countless times.

Going back to the subject at hand, nowhere else in the Torah is wasting seed an issue. The Torah does state that a man who has an “emission” is impure for purposes of going to the Temple. What he must do is bathe in water, and wait until the evening for the impurity to go away (Leviticus 15:16). No other punishment is prescribed, irrespective of why the man might have the emission.

Spilling Seed, or Spilling Blood?

It is in the Talmud where wasting seed takes on its grave overtones. The Sages compare one who wastes seed to a murderer, an idolater, and an adulterer (Niddah 13a-b). This is quite shocking, considering that murder, idolatry, and adultery are the three “cardinal sins” of Judaism. These are the things one must give up their life for in order to avoid, even if coerced. The Sages are equating wasting seed with the worst possible sins.

In the same pages, we read how Rav Yochanan holds that one who wastes seed “deserves death”. Interestingly, he bases himself on the verses in the Torah concerning the deaths of Er and Onan! Yet, as we’ve seen, their sin was not the act of wasting seed, but their evil ulterior motives. In reality, the Sages are hard-pressed to find a good source for the prohibition. They resort to various colourful interpretations of Scriptural verses in an attempt to illustrate the evils of wasting seed. For example, Isaiah 1:15 says “And when you spread forth your hands, I will hide My eyes from you; when you make many prayers, I will not hear, [because] your hands are full of blood.” Rabbi Elazar says that “hands are full of blood” is referring to those who masturbate, since spilling seed is like spilling blood! This is far from the plain meaning of the verse, which is obviously talking about actual bloodshed.

We should keep in mind that in these Talmudic pages, the Sages are not just prohibiting masturbation or wasting seed, but even for a man to simply touch their “member”—even to urinate! “Rabbi Eliezer said: Whoever holds his member when he urinates is as though he had brought a flood on the world.” Rabbi Tarfon later adds that his hand should be cut off! It goes without saying that the Sages were exceedingly careful to avoid any sexual transgressions, and raised many “fences” to ensure that no one should even come close to sinning so gravely. We must remember that the Talmud often uses hyperbole to get a point across and it isn’t always wise to take statements literally. The Sages themselves question Rabbi Eliezer, and say that not holding one’s member would be very impractical, for “would not the spray splatter on his feet…?”

The point, rather, is to teach us that “such is the art of the evil inclination: Today it incites man to do one wrong thing, and tomorrow it incites him to worship idols and he proceeds to worship them.” (Niddah 13b) The Sages are specifically referring to one who fantasizes to “give himself an erection”, and that such a person “should be expelled”. After all, the yetzer hara works in such a way that it gets a person to make a tiny sin, and slowly leads them to greater transgressions. It might start with a small thought, grow into a consuming fantasy, and eventually leads one to grossly misbehave. In short, the fear is that a person will get accustomed to bad habits, and it will end up leading to more severe transgressions.

Halacha & Kabbalah of Spilling Seed

The Rambam (Rabbi Moshe ben Maimon, 1135-1204) codifies as law the prohibition of wasting seed, whether with one’s partner or on their own (Mishneh Torah, Issurei Biah 21:18):

It is forbidden to release semen wastefully. Therefore a person should not enter his wife and release outside of her… Those who release semen with their hands, beyond the fact that they commit a great transgression, a person who does this will abide under a ban of ostracism. Concerning them, it is said: “Your hands are filled with blood.” It is as if they killed a person.

The Rambam makes a distinction between a situation of husband and wife versus a man doing it on his own, which is far worse and likened to murder. Having said that, many other great authorities in Jewish law were more lenient when it comes to wasting seed, especially when the intention is not evil. The Rambam’s contemporary, Rabbi Yehuda haHasid (1150-1217), wrote in his Sefer Hasidim that while masturbation is forbidden, and requires a great deal of penance to repair, it is occasionally permitted if it will prevent a person from a more serious sin. On that note, the Rambam himself wrote elsewhere (Commentary on the Mishnah, Sanhedrin 7:4) that wasting seed is not an explicit Torah prohibition, and carries no actual punishment of any kind. However, he writes in the same place that although many things are permitted when done consensually between husband and wife, it is nonetheless important to be exceedingly modest when it comes to sexuality.

The later Kabbalists understood that the Torah carries no explicit punishment for wasting seed, but found an allusion to a more mystical punishment. They taught that wasting seed produces banim shovavim, literally “wayward children” (a term that comes from Jeremiah 3:14 and 3:22). These impure spirits—potential souls that are brought into this world without a body—attach to a man’s neck and cause him great damage, and can harm his children, too. There is no doubt that the Rambam, being a strict rationalist and staying away from anything “Kabbalistic”, would disagree with this approach. The Rambam did not believe in demons or evil spirits, and refused to accept the validity of many (if not all) Kabbalistic ideas and practices.

The Arizal (Rabbi Isaac Luria, 1534-1572), perhaps the greatest of Kabbalists, was a major proponent of the banim shovavim notion. Since his time, it has become customary in some communities to focus on purifying from sexual sins and from wasted seed during the weeks when we read the consecutive parashas of Shemot, Va’era, Bo, Beshalach, Yitro, and Mishpatim. Since the initials of these parashas spell “shovavim”, it is thought to be an auspicious time for such repentance. Yet even the Arizal taught that wasting seed is primarily a problem when a person does so on their own, for selfish, lustful reasons. If one is married, and there is genuine loving intimacy between husband and wife, the prohibition is no longer so clear cut. (See, for example, Sha’ar HaMitzvot on Noach).

Indeed, many authorities were lenient with regards to wasting seed in the context of a husband and wife being together—as long as they are not like Er or Onan. If the intention is pure, and the couple has fulfilled the mitzvah of procreation (so they are obviously not trying to avoid having children), then occasionally wasting seed is permissible. Among those that held this opinion include the tosafist Rabbi Isaac ben Shmuel (c. 1115-1184, in his comments to Yevamot 34b) and the Maharsha (Rabbi Shmuel Eidels, 1555-1631, in his comments on Nedarim 20a).

In fact, even the Arizal taught that, in certain special cases, wasted seed can serve a positive purpose. In Sha’ar HaGilgulim (ch. 26), we read how the ten drops of wasted seed that unintentionally emerged out of Joseph (as per the famous Midrash) resulted in levushim, protective “garments” for the soul. The seed wasted indirectly by tzaddikim may similarly produce such protective garments, especially when it happens during proper, loving, holy zivug (union) between husband and wife. Such union, while not fruitful in this world, corresponds to “heavenly unions” that are spiritually fruitful. It is important to repeat that this entails being an actual tzaddik—being righteous, just, observant, modest, humble, selfless—and being intimate in a holy, loving, kosher, monogamous union.

On that note, it is worth mentioning that a couple that is childless, or already pregnant, is absolutely allowed to continue to be intimate, and this is not at all considered “wasting seed”. (The Talmud adds that intimacy during the third trimester is particularly healthy for both mother and baby, see Niddah 31a.) At the very start of Sha’ar HaMitzvot, the Arizal explains that such unions might not produce physical children, but they produce many spiritual children. This is one meaning for the verse in the Torah that says Abraham and Sarah “made souls” in Charan (Genesis 12:5)—although they were physically childless, they had produced many souls in Heaven, and these souls later came down into human form. In fact, there are those who say these souls are given to converts, who receive a Jewish soul upon their successful conversion. The souls that Abraham and Sarah made all those years come down into the bodies of converts, which is the deeper reason why all converts are referred to as “ben Avraham” and “bat Sarah”.

To summarize and conclude, the issue of spilled seed is indeed a serious one, and should not be taken lightly. There is room to be lenient in certain situations, such as a righteous married couple who already has multiple children, or a young, unmarried gentleman, whose frustration might reach a point where he is led to worse sins. The Sages recognized how incredibly difficult the latter case can be, and stated that a young bachelor who lives in the city and can still hold himself back from sexual sins is so praiseworthy that God personally calls out his name in Heaven every day (Pesachim 113a). Rabbi Chiya, meanwhile, said that it is best to stay married no matter what, and to always treat one’s wife exceedingly well—even if she is the worst possible wife—because wives “save us from sin” (Yevamot 63a). It is fitting to end with another famous adage from the Talmud (Sukkah 52b): אבר קטן יש לו לאדם מרעיבו שבע משביעו רעב “There is a small organ in a man’s body—if he starves it, he is satisfied; if he satisfies it, he starves.”

The Ten Martyrs & The Message of Yom Kippur

Tomorrow evening we usher in the holiday of Yom Kippur, the Day of Atonement. The Torah does not make clear why this day in particular (the 10th of Tishrei) should be a day of atonement. The traditional explanation is that on this day God forgave the Israelites for the Sin of the Golden Calf, and presented Moses with a new set of Tablets. Based on the wording of the Torah, the Sages deduce that Moses ascended Mt. Sinai a total of three times, each for forty days: The first time was from Shavuot until the 17th of Tammuz; the second from the 19th of Tammuz until the 29th of Av; the third form Rosh Chodesh Elul until the 10th of Tishrei, Yom Kippur (see Rashi on Exodus 33:11). On that final day, God forgave the people, and established henceforth that each year should be a day of forgiveness.

‘Joseph Sold by His Brethren’ by Gustave Doré

There happens to be another, more ancient, explanation for the origins of Yom Kippur. This one comes from the Book of Jubilees, that mysterious apocryphal work dating back to the Second Temple era. Though not canonized by our Sages (it was by the Sages of Ethiopian Jewry), it still tremendously influenced many traditional Midrashic teachings. According to Jubilees, the sons of Jacob sold their brother Joseph* at the start of a new year, and returned to their father on the 10th of Tishrei. On that day, they presented their father with Joseph’s bloodied tunic. So sad was this tragic “revelation” that, according to Jubilees, Dinah and Bilhah died from grief! Jacob henceforth commemorated the 10th of Tishrei as Joseph’s yahrzeit. His sons, meanwhile, feeling forever guilty for their sin, begged God for forgiveness each year on that day. Therefore, Jubilees (34:18) concludes, the 10th of Tishrei became the ultimate Day of Atonement for all of Israel.

This explanation may have indirectly found its way into the Rabbinic tradition. Today, it is customary to read an account of the Ten Martyrs on Yom Kippur. These were ten great sages that were murdered by the Romans. The story appears in a number of Midrashim, which don’t all agree on the details. In brief, the Roman Emperor Hadrian (r. 117-138 CE) and/or his Judean governor Tineius Rufus (c. 90-133 CE) summon the ten great rabbis of the time. The rabbis are questioned about the sale of Joseph: doesn’t the Torah prescribe the death penalty for an act of kidnapping? If so, why weren’t the brothers of Joseph put to death for their sin?

The rabbis admit that this is indeed the case. The Romans decide that these ten rabbis should be put to death in place of the ten brothers of Joseph. The rabbis request time to deliberate, and ultimately determine that it has been decreed in Heaven. They submit to the edict. Each one is subsequently tortured to death by the Romans. Some say they were slaughtered on Yom Kippur, or at least one of them was—the most famous among them, Rabbi Akiva.

The Arizal further suggests that these ten rabbis were the reincarnations of the Ten Spies (Sha’ar HaGilgulim, ch. 36). This was another grave ancient sin the Ten Martyrs had to rectify. The Arizal cites an older Midrash that when Joseph was tempted by the wife of Potiphar, it was so hard for him to resist that ten drops of semen emerged “from his fingertips”, and the Ten Spies were the souls of those ten drops, as were the Ten Martyrs, who finally fulfilled all the necessary spiritual rectifications.

Revisiting the Ten Martyrs

There are several major issues with the account of the Ten Martyrs. First of all, the identity of the ten rabbis is different depending on the source. In Midrash Eleh Ezkerah, the ten are listed as: Rabbi Shimon ben Gamaliel, Rabbi Ishmael (the Priest), Rabbi Akiva, Rabbi Chanina ben Teradion, Rabbi Yehuda ben Bava, Rabbi Yehuda ben Dama, Rabbi Hutzpit (“the Interpreter”), Rabbi Chananiah ben Chakhinai, Rabbi Yeshevav, and Rabbi Elazar ben Shammua. In Midrash Tehillim (9:14), however, we are given the following list; Rabbi Shimon ben Gamaliel, Rabbi Ishmael ben Elisha (the Priest), Rabbi Yeshevav (the Scribe), Rabbi Hutzpit (“the Interpreter”), Rabbi Yose [ben Halafta], Rabbi Yehuda ben Bava, Rabbi Yehuda haNachtom, Rabbi Shimon ben Azzai, Rabbi Chanina ben Teradion, and Rabbi Akiva.

The problem with the latter list (other than having three, or even four, different rabbis) is that Shimon ben Azzai is known from the Talmud to have died by mystically ascending to Pardes (Chagigah 14b). More intriguingly, just about everyone is familiar with the Talmudic account of Rabbi Akiva’s tragic death—where he faithfully recites Shema while being raked with iron combs (Berakhot 61b)—yet Midrash Mishlei (ch. 9) has a different idea: Rabbi Akiva was indeed imprisoned by the Romans, but died peacefully in his cell on a yom tov. His student, Rabbi Yehoshua, with the help of the prophet-angel Eliyahu, got Rabbi Akiva’s body out while all the guards and prisoners miraculously fell into a deep sleep. He is later buried with a proper funeral in Caesarea, and the presiding rabbis say to him, “Blessed are you, Rabbi Akiva, who has found a good resting place at the hour of your death.”

This Midrash fits with a Talmudic passage that describes how Rabbi Shimon bar Yochai learned from Rabbi Akiva during the latter’s imprisonment (Pesachim 112a). In that passage, Rabbi Shimon incredibly blackmails his master by saying that if he won’t agree to teach, Rabbi Shimon will pull some strings to have Rabbi Akiva executed! Rabbi Akiva goes on to relay five teachings. This suggests that Rabbi Akiva was not scheduled for execution at all, and his punishment for participating in the Bar Kochva Revolt was only imprisonment. It also fits with the accepted tradition that Rabbi Akiva lived to 120 years. It is highly unlikely that the Romans conveniently executed him on his 120th birthday, and far more likely that he died peacefully after living to 120.

Another well-known issue with the account of the Ten Martyrs is that these ten figures lived in different time periods. Rabban Shimon ben Gamaliel and Rabbi Ishmael were alive at the end of the Second Temple era. If they were killed by the Romans, it would have been during the Great Revolt, which ended with the Temple’s destruction. The other rabbis lived decades later. They were active in the time of the Bar Kochva Revolt, and would have died around that time (c. 135 CE), some 65 years after the Temple’s destruction. Interestingly, the Roman-Jewish historian Josephus (37-100 CE), who was an eyewitness to the Temple’s destruction, wrote that Rabban Shimon ben Gamaliel was killed not by the Romans, but by the Jewish Zealots, one of the extremist factions that terrorized Jerusalem.

Some say that there were two Rabbi Ishmael haKohens. The first was Rabbi Ishmael ben Eliyahu, and he was the one who served as a priest at the end of the Second Temple era. The other was his grandson, Rabbi Ishmael ben Elisha, who was a contemporary of Rabbi Akiva. It isn’t clear which of these Rabbi Ishmaels was martyred. According to Midrash Tehillim, it was Rabbi Ishmael ben Elisha, which makes sense since it would have been in the times of the Hadrianic persecution, during the Bar Kochva Revolt. (To further complicate things, the Talmud [Gittin 58a] says that Rabbi Yehoshua ben Chananiah once ransomed a young Ishmael ben Elisha out of a prison in Rome!)

The Talmud states that during the Water-Drawing Ceremony of Sukkot, the greatest celebration of the year in Temple times, Rabban Shimon ben Gamaliel I would juggle with fire! His descendant, Rabban Shimon ben Gamaliel II, taught “Great is peace, for Aaron the Priest became famous only because he sought peace.”
(Illustration by Ilene Winn-Lederer)

Similarly, there are two Rabban Shimon ben Gamaliels. While the second one was alive during the Bar Kochva Revolt, we know he survived that conflict, and went on to head the new Sanhedrin in Usha. It is possible that he was eventually killed by the Romans. He himself stated how terribly unbearable the persecutions were in his day (Shabbat 13b, Shir HaShirim Rabbah 3:3). In that case, perhaps the list in Midrash Eleh Ezkerah is accurate. If it was Rabban Shimon ben Gamaliel II (not I, who was killed by Zealots), and Rabbi Ishmael ben Elisha (not ben Eliyahu), then all Ten Martyrs lived around the same time. Still, they wouldn’t have been executed in one event, but that isn’t necessarily a requirement. We know that Rabbi Yehuda ben Bava, for example, survived for some time after Rabbi Akiva, and ordained five of the latter’s students (Sanhedrin 14a). The list in Midrash Tehillim must be mistaken, as is the alternate account of Rabbi Akiva’s death in Midrash Mishlei. (There is little doubt that Rabbi Akiva was a victim of the Romans, considering he was a key supporter of the Bar Kochva Revolt.)

The Message

Going back to our original question, the Ten Martyrs died as a spiritual rectification for the sale of Joseph. The two are linked by the Yom Kippur holiday, which is said to be the day of Joseph’s false “yahrzeit”, and the day that the Ten Martyrs were murdered (or their fate decreed). The key lesson in all of this is that from the very beginning, the number one problem plaguing Israel is sinat hinam, baseless self-hatred and infighting. This was the issue with the very first, literal, Bnei Israel, the sons of Jacob, who conspired against one of their own, and continues to be the primary issue to this very day.

If we want true atonement and repentance, along with the Final Redemption, we must completely put an end to the incessant conflicts within our singular nation. This applies to both personal conflicts among family and friends, as well as larger political or cultural ones. We have to start seeing beyond the divides—Ashkenazi/Sephardi, secular/religious, Litvish/Hassidic, Orthodox/non-Orthodox, Israeli/Diaspora, liberal/conservative—and fully embrace one another. Long ago, the Arizal instituted an important practice of reciting each morning: “I accept upon myself the mitzvah of ‘and you shall love your fellow as yourself’, and I love each and every one within Bnei Israel as my own soul.” (הֲרֵינִי מְקַבֵּל עָלַי מִצְוַת עֲשֵׂה שֶׁל: וְאָהַבְתָּ לְרֵעֲךָ כָּמוךָ, וַהֲרֵינִי אוהֵב כָּל אֶחָד מִבְּנֵי יִשְׂרָאֵל כְּנַפְשִׁי וּמְאודִי) Centuries earlier, it was Rabbi Akiva himself—first among martyrs—who declared this mitzvah to be the greatest in the Torah.

Gmar chatima tova!


*We’ve written in the past how a careful reading of the Torah shows that the brothers of Joseph didn’t actually sell him! (See ‘Was Joseph Really Sold By His Brothers?’ in Garments of Light.)

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