Is It Better If Women Don’t Leave The House?

Historian Marc B. Shapiro writes: For some, it is better if the women basically do not go out of the house at all at all. Such a position is held by R. Hayyim Rabbi, a mainstream Sephardic rabbi (who like all significant Sephardic rabbis, also has a website. See here).

…Rabbi’s position about a woman not leaving the house can find support in a variety of traditional texts (not least, the Rambam, Hilkhot Ishut 13:11). What makes it significant is that he offers this advice even today. While it is true that in the Islamic world Jewish women were more accustomed to stay inside than their co-religionists in Europe, we also find European rishonim who see this as something to strive for. See e.g.,, Radak to 2 Samuel 13:2: ודרך הבתולות בישראל להיות צנועות בבית ולא תצאנה החוצה. See also Rashi, Deut. 22:23: פרצה קוראה לגנב הא אלו ישבה בביתה לא אירע לה. For other relevant sources, see R. Mazuz’s comment in R. Raphael Kadir Tzaban, Nefesh Hayah, vol. 2, p. 267.

I was surprised to find that the Moroccan R. Raphael Ankawa, in the twentieth century, ruled that a husband could forbid his wife from leaving the house without his permission. If she didn’t listen, she would lose her ketubah. See Toafot Re’em, no. 3. In a letter of support for Ankawa by R. Shlomo Ibn Danan and R. Mattityahu Serero they go so far as to state that if the woman doesn’t go along with the husband’s command and take an oath binding herself in this matter, the husband can, if he wishes, refuse to divorce her and she will remain an “agunah” her entire life without any financial support from him! He, of course, will be given permission to remarry.

ואם לא ירצה לגרשה תשב עד שתלבין ראשה ונותנין לו רשות לישא אשה אחרת אחר ההתראות הראויות והיא אבדה כתוב’ ואין לה לא מזונות ולא פרנסה ולא שום תנאי מתנאי הכתובה.

(As late as 1965, another Moroccan posek, R. Yedidyah Monsenego, ruled that where the husband had reason to suspect his wife of being unfaithful, he could require her to never leave home without him, even to visit relatives, except when she had to go to work. See Peat ha-Yam, no. 24)

All I can say is that contemporary women should be thankful that the RCA beit din and many of the rabbinic courts in the State of Israel have realized that in modern times men and women must be treated equally in the divorce proceedings, and women can no longer be held prisoner in a dead marriage as was often the case in earlier times…

R. Hayyim Benveniste, Keneset ha-Gedolah, Even ha-Ezer 154, Hagahot Beit Yosef no. 59, in discussing when we can force a husband to give a divorce, writes:

ובעל משפט צדק ח”א סי’ נ”ט כתב דאפי’ רודף אחריה בסכין להכותה אין כופין אותו לגרש ואפי’ לו’ לו שחייב להוציא.

Can anyone imagine a posek, from even the most right-wing community, advocating such a viewpoint? I assume the logic behind this position is that even if the man is running after her with the knife, we don’t assume that he will actually kill her. He must just be doing it to scare her, and that is not enough of a reason to force him to divorce her. And if we are wrong, and he really does kill her? I guess the reply would be that this isn’t anything we could have anticipated even if we saw the knife in his hand, sort of like all those who have let pedophiles run loose in the yeshivot, presumably on the assumption that just because a man abused children in the past, that doesn’t mean that he will continue to do so.

…I can’t tell you how often I have been with people (usually at Shabbat meals) who go on about how backwards the Muslims are, the proof being how they treat their women. This is usually contrasted to Judaism, which puts women on a pedestal. As an example of this “backwardness” people have pointed out that in Saudi Arabia (which is only one Muslim country, mind you), women are not even permitted to drive. I never have the heart to point out that there are hasidic sects, less than an hour away from where we are, that also don’t allow women to drive.

…Just like we can’t attack all of Islam because of what one country does, so too there are hasidic sects that do likewise, and not only is Judaism not attacked for that, but even those sects are not attacked as women haters etc. I happen to think that the entire issue is a red herring. If women choose to live in communities where they are not permitted to drive, then that is their choice, end of story.

…Obviously there are a number of Islamic countries that are our enemies. But I was referring to the women driving issue. Only one Islamic country bans women drivers and therefore you can’t use that as an issue in which to condemn the entire religion

And yes, in America Muslim women drive. They even drive in Iran.

About Luke Ford

I've written five books (see Amazon.com). My work has been covered in the New York Times, the Los Angeles Times, and on 60 Minutes. I teach Alexander Technique in Beverly Hills (Alexander90210.com).
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