Saturday, January 22, 2011

Notes on Kavod Habriot (lit. Respect for Creations often translated as human dignity)

Kavod haberiot, respecting fellow people, is an interesting case: In order to ensure respect, if one is wearing shaatnez in public, one need not derobe in order to stop violating the issur deoraita of shaatnez. Nevertheless, this is in a bedeieved situation, where one is already wearing the shaatnez. It does not allow the wearing of shaatnez lechichatchila. A more interesting case is where the Talmud expressly allows violating derabannan issurs for kavod haberiot, claiming that when the rabbis made those issurs, they made them with the built-in caveat that they may be violated for kavod haberiot. Feminists have argued for further rights within halacha based on the subjective nature and changing conceptions of kavod hatzibur. A more effective method however, may be to advocate for the changing of rabbinic halachas on the grounds of a changing definition of kavod haberiot, where not participating in certain aspects of religion violates her right to kavod as a human being, irrespective of gender, based on changing understandings of what human rights are. One could claim that the kavod-habriot caveat was already built into the halachot, thus allowing these changes. Nevertheless, it is a slippery slope, since kavod haberiot can easily be used to contradict many laws. The empowerment of human rights discourse can lead to an overuse of that discourse, inviting a conservative backlash. The limits of human rights discourse is currently a major issue in the human rights community.

I object to women’s tefillah groups on the ground that they actually increase this alienation and separate women from the rest of the community. Furthermore, often men will sneak in to hear a bat mitzvah girl read, and if at some point due to carelessness this number of men amounted to ten or more, serious halachik violations could occur. Part of the concept of minyan is community, and women’s tefillah groups take away from that concept. I do support mechitzahs, because I feel that having mixed gender seating could be distracting, and introduce an element of sexual tension for certain individuals who would find it harder to not look or feel looked at. Prayer should occur in a safe, comfortable atmosphere, and sexual tension/awareness can take away from that comfortability or safety. Separation by itself is not sexist. It is rather that mechitzah is often incorrectly grouped with other gender-related elements of Orthodox prayer. (who counts for minyan, etc.). The concept of mechitzah conforms to hetero-normative values and can not provide comfort for homosexual men and women.

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