נשים ועבדים וקטנים פטורים מתלמוד תורה ,
“Women and slaves and children are exempt from the study of the law.” According to this declaration, women are not obliged to learn. The following extract will confirm this opinion, and at the same time show that there is no obligation on fathers to have their daughters taught.
אשה שלמדה תורה יש לה שכר אבל אינו כשכר האיש מפני שלא נצטוית , וכל העושה דבר שאינו מצווה עליו לעשותו אין שכרו כשכר המצווה ועושה אלא פחות ממנו ואע׳׳פ שיש לה שכר צוו חכמים שלא ילמד אדם את בתו תורה מפני שרוב הנשים אין דעתן מכוונת להתלמד אלא הן מוציאות דברי תורה לדברִי הבאי מפי עניות דעתן , אמרו חכמים כל המלמד את בתו תורה כאלו למדה תיפלות , בד׳׳א בתורה שבעל פה אבל תורה שבכתב לא ילמד אותה לכתחלה ואם למדה אינו כמלמדה תיפלות ׃
“A woman who learns the law has a reward, but it is not equal to the reward which the man has, because she is not commanded to do so: for no one who does anything which he is not commanded to do, receives the same reward as he who is commanded to do it, but a less one. But though the woman has a reward, the wise men have commanded that no man should teach his daughter the law, for this reason, that the majority of women have not got a mind fitted for study, but pervert the words of the law on account of the poverty of their mind. The wise men have said, Every one that teacheth his daughter the law is considered as if he taught her transgression.[[3]] But this applies only to the oral law. As to the written law, he is not to teach her systematically; but if he has taught her, he is not to be considered as having taught her transgression.”
According to this decision, it is absolutely forbidden to teach a woman the oral law; and the teaching of it is looked upon as the teaching of transgression תיפלות. We cannot forbear asking the advocates of the oral law, whether it does not here testify against itself that it is bad. It declares of itself that it is unfit for the perusal and study of the pure female mind, and that it is as corrupting as the teaching of transgression. We ask, then, can such a law be divine? Can it proceed from the God of Israel, who hath said, “Be ye holy, for I am holy?” What a noble testimony to the superiority of the written Word, and to the justice of the Lord Jesus Christ’s opposition to the oral law! The oral law itself says, “He that teacheth his daughter the oral law, is to be considered as if he taught her transgression. He that teacheth her the written law, is not to be so considered.” With such a confession, we fearlessly ask the sons and daughters of Israel, who then was in the right? Jesus of Nazareth, who opposed it, or the scribes and Pharisees who defended it?
But “the wise men” also forbid Israelites to teach women the written law, and declare that women are not bound to learn. For the prohibition they assign two reasons. First, they say that God has commanded them to teach only their sons, in proof of which they refer to Deut. xi. 19, “And ye shall teach them your children.” In the Hebrew it is בניכם “your sons;” and the rabbies infer ולא את בנותיכם, “and not your daughters.”[[4]] Secondly, they say, as we have seen above, “that the majority of women have not got minds fitted for study,” and in the Talmud[[5]] this is attempted to be proved from Scripture. “A wise woman once asked R. Eliezer, How it was that after the sin of the golden calf, those who were alike in transgressions did not all die the same death? He replied, A woman’s wisdom is only for the distaff, as it is written, ‘All the women that were wise-hearted did spin with their hands.’” (Exod. xxxv. 25.) We hesitate not to say, that both these reasons are contrary to Scripture. We do not deny that בניכם signifies sons, but we utterly deny the conclusion of the Rabbies, that because the masculine word is used, therefore the women are not included in the command. There is an abundance of instances in which the masculine word בנים is used for children generally, without any allusion to sex. Take for example Exod. xxii. 23 (in the English 24), “And my wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children בניכם (literally your sons) orphans.” Here again the masculine word is used, so that if the Rabbinical argument be valid in the above case, it will be valid here, and consequently the daughters are excluded from this denunciation, so that the sons were to be orphans, but not the daughters, which is plainly impossible. In the same way we can prove that the daughters of Israel did not wander in the wilderness forty years, for in Numbers xiv. 33, it is said, “And your children ובניכם (literally your sons, and, therefore, according to Talmudic logic, not your daughters) shall wander in the wilderness forty years.” The same logic will also prove that during the three days of miraculous darkness in Egypt, the women of Israel were left in darkness as well as the Egyptians, for it is said all the children of Israel (ולכל בני ישראל, literally the sons of Israel) had light in their dwellings. And thus also it might be proved that not one of the ten commandments is binding upon the women, for the masculine gender is employed throughout. This logic, therefore, is evidently false; and we conclude, on the contrary, that as the women are included in all these passages—as they wandered through the wilderness, and had light in their dwellings—and are bound to keep the ten commandments as well as the men, so also they are included in the command, “Ye shall teach them your children,” and that, therefore, the command of the oral law not to teach women, is contrary to the Word of God. But we are not confined to argument, God has plainly commanded that the women should learn as well as the men. “And Moses commanded them, saying, At the end of every seven years, in the solemnity of the year of release in the Feast of Tabernacles, when all Israel is come to appear before the Lord thy God in the place which he shall choose, thou shalt read this law before all Israel in their hearing. Gather the people together, men and women, and children, and thy stranger that is within thy gates, that they may hear, and that they may learn ולמען ילמדו, and fear the Lord your God, and observe to do all the words of this law.” (Deut. xxxi. 10-12.) Here a most beautiful order is observed, and required of women as well as men; hearing—learning—fearing—keeping the words of the law—God wills that that women should fear him and keep his commandments as well as the men; and therefore he wills that they should make use of the same means, that they should hear, and learn all the words of the law. The traditionists have, therefore, in this case plainly made void the law of God. God commands women as well as men to learn the law; the Rabbies say they are exempt from this duty. God commands that the woman should be taught. It is plain, therefore, that the oral law, which contradicts the written law, cannot be from God. The command of God is so plain that it is unnecessary to enter deeply into the second Rabbinical reason for the prohibition to teach women the law. It is evident that God did not think that the poverty of their understanding was any obstacle to their learning his will. Indeed it has pleased Him to show that He is no respecter of persons with regard to male or female, more than with regard to rich or poor. He has not only given them his law, but conferred on women as well as men the gift of prophecy, so that the names of Deborah, Hannah, and Huldah, must ever be remembered amongst the inspired messengers of God. The Rabbies seem to have forgotten that “the fear of the Lord is the beginning of wisdom,” and that this fear may be implanted by God just as easily in the heart of a woman as of a Rabbi. But without inquiring further into their reasons or their motives, suffice it to say, that the oral law in thus robbing women of their right and inheritance in the law of God, and in degrading them to the same category with children and slaves, is opposed to the plain commands of the written law. But not so the New Testament. It exactly agrees with the Old in considering woman as a rational and responsible being, and a candidate for everlasting life. It, therefore, gives one general rule for the education of children, male and female. “Ye fathers, provoke not your children to wrath, but bring them up in the nurture and admonition of the Lord.” (Ephes. vi. 4.) It does indeed prescribe modesty and subjection to the women in the mode or learning, but in so doing it plainly points out their duty to become acquainted with the will of God. “Let the woman learn in silence with all subjection. But I suffer not a woman to teach nor to usurp authority over the man, but to be in silence.” (1 Tim. ii. 11, 12.)
In these and other passages the woman is placed in the position assigned her in the Old Testament, and not in the very subordinate rank imposed upon her by the oral law. “Women, and slaves (עבדים), and children, are exempt from the study of the law.” But we think that this rule is as false with regard to slaves as to women. Here the oral law says that slaves are not bound to learn. In Hilchoth Avadim, c. viii. 18, we find that they are not to be taught.
אסור לאדם ללמד את עבדו תורה ׃
“It is forbidden to a man to teach his slave the law.” But, alas, the passage of the Word of God which forbids it, is not referred to. It is only an inference from the passage, “Ye shall teach your sons;” but is evidently contrary to the whole tenour of the law of Moses. In the first place, the Israelite who had been sold by the tribunal, or who, on account of poverty, had sold himself, was still an Israelite, and did not forfeit, finally, his right to his inheritance in the land; how, then, could he forfeit his right to the law, which Moses gave as “the inheritance of the congregation of Jacob?” The law of Moses expressly provides a day of rest “for the man servant and the maid servant,” that they may not only have rest for their bodies, but may have time to learn the will of God, and provide for that eternity to which they are hastening as well as their masters. Indeed, if meditation on the Word of God was more necessary for one Israelite than another, it was for the Hebrew servant. If he had been guilty of theft, and had been sold by the tribunal, he had special need of instruction in the law of God to lead him to repentance, and to teach him his duty for the future. If he had been guilty of no crime, but had been compelled by poverty to sacrifice his liberty, surely he needed the consolation which the Word of God can supply, to enable him to bear his hard lot with patience, and to prevent him from murmuring. But here the oral law steps in, and actually prohibits his master from teaching him; and instead of encouraging him in his leisure time to turn to the Word of God as his refuge and his comfort, it tells him that he is not bound to study it. Here, again, the New Testament is much more like the law of Moses, which breathes, all through, a spirit of the most tender compassion for those in servitude. Moses commands the Israelites to remember that they had themselves been bondmen in Egypt. The New Testament reminds Christian masters that they have a master in heaven. “Ye masters, do the same things unto them, forbearing threatening: knowing that your master also is in heaven; neither is there respect of persons with him.” (Ephes. vi. 9.) It also plainly teaches that the relation which exists between believing masters and servants is, before God, that of brethren. “And they that have believing masters, let them not despise them, because they are brethren; but rather do them service because they are faithful and beloved, partakers of the benefit.” (1 Tim. vi. 2.) Yea, the New Testament lays down a general principle, the very opposite of that, that “women, and slaves, and children are exempt from the study of the law.” It says, “There is neither Jew nor Greek, there is neither bond nor free, there is neither male nor female, for ye are all one in Christ Jesus.” (Gal. iii. 28.) It does not dispense men from their relative duties, nor deprive any of their legitimate privileges, but teaches that for all, Jew or Greek, bond or free, male or female, there is but one way of salvation. Very different is the doctrine of the oral law. We have seen that it makes a grand distinction between male and female, bond and free, we need not, therefore, be surprised if it make the line of demarcation broader still between Jew and Greek.
גוי שעסק בתורה חייב מיתה , לא יעסוק אלא בשבע מצוות שלהן בלבד , וכן גוי ששבת אפילו ביום מימות החול , אם עשהו לעצמו כמו שבת חיב מיתה , ואין צריך לומר אם עשה מועד לעצמו , כללו של דבר אין מניחין אותן לחדש דת ולעשות מצוות לעצמן מדעתן , אלא או יהוה גר צדק ויקבל כל המצוות , אל יעמוד בתורתו ולא יוסיף ולא יגרע , ואם עסק בתורה או שבת , או חדש דבר , מכין אותו ועונשין אותו ומודיעין אותו שהוא חייב מיתה על זה אבל אינו נהרג ׃