Kiddushin 7a ~ Does Marriage Make You Happier?

קידושין ז, א

אמר ריש לקיש: טב למיתב טן דו מלמיתב ארמלו

Resh Lakish said: It is better for a woman to live as tad du than to live alone...

In a 1975 lecture to the Rabbinical Council of America, Rabbi J.B. ("the Rav") Soloveitchik,  quoted the aphorism of Resh Lakish found in today's page of Talmud.  The Rav went on to explain that it was "based not upon sociological factors...[but] is a metaphysical curse rooted in the feminine personality. This is not a psychological fact; it is an existential fact." Wow.  Is this statement of Resh Lakish really an existential fact? To answer this, we need to first answer another question - what do his words actually mean?

One way to understand the aphorism is as follows:  "A widow would rather live in misery than live alone." But that's not the only translation, which depends on the exact meaning of the Aramaic phrase טן דו (tan du).  There are a number of possibilities.

Rashi

Let's start with Rashi and his explanation to our text:

בגופים שנים בעל ואשתו ואפילו אינו לה אלא לצוות בעלמא

Tan Du: Two bodies. A husband and wife; even if he is nothing more to her than company.

This explanation of Rashi's does not suggest that married misery is preferred over a single life. This is a slightly different explanation that Rashi gave in when we met this phrase in Yevamot.

טן דו - גוף שנים. משל הדיוט הוא, שהנשים אומרות טוב לשבת עם גוף שנים משבת אלמנה

Tan Du: Two bodies. This is a common maxim, for women say that it is better to live as two than to live alone.

So according to Rashi in both Yevamot and here in Kiddushin, Resh Lakish never addresses living in misery. He just made the observation that women prefer marriage over a single life.

JASTROW'S DICTIONARY

Not so Marcus Jastrow, whose dictionary (published 1886-1903) became a classic reference text for students of the Talmud. Jastrow translated טן דו as a load of grief, an unhappy married life. This will become very important later, so make note. 

THE SONCINO TRANSLATION

Moving on, the Soncino translation of Kiddushin (first published in 1966) echoes Jastrow's translation: "It is better to carry on living with trouble than to dwell in widowhood".  This is similar to the Soncino translation of the same phrase when found in Yevamot 118: "It is preferable to live in grief than to dwell in widowhood." However, a footnote to the text in Yevamot notes that "Levy compares it with the Pers., tandu, two persons." (The reference here is to Jacob Levy's  German Dictionary Chaldisches Worterbuch uber die Targumim - Aramic Dictionary of the Targums and a Large Part of Rabbinic Literature.) Why did Isidore Epstein, editor of the Soncino Talmud, choose to use Jastrow's translation over that of Levy - and that of Rashi? Answering that will take us too far off track, so we will leave it for another time... 

MELAMED'S ARAMAIC-HEBREW-ENGLISH DICTIONARY

Melamed's Aramaic-Hebrew-English Dictionary (Feldheim: Jerusalem 2005) follows Rashi : "טן דו = two bodies." 

THE ARTSCROLL TRANSLATION

The ArtScroll Schottenstein Talmud basis its translation on Rashi: "It is better to live as two together than to live alone." However a footnote (note 18) brings its meaning closer to that of Jastrow and the Soncino: "I.e it is better to be married  - even to a husband of mediocre stature - than to remain single." 

THE KOREN STEINSALTZ TRANSLATION

In his Hebrew translation of the Aramaic text found in Yevamot 118, Rabbi Steinsaltz follows Rashi, and translates  טן דו as "two bodies." A side note points out that the true origin of the phrase is not known, though it likely comes from Persian.

The newer English Koren Talmud follows the same translation: "It is better to sit as two bodies, ie., to be married, than to sit alone like as a widow. A woman prefers the any type of husband to being alone."  Elsewhere in the Koren series, (Yevamot 118a) there is a note, (written by Dr. Shai Secunda), which is more definitive than the Hebrew note. Tan Du is from middle Persian, meaning together.  It's nothing to do with being miserable.

TESHUVOT HAGE'ONIM

I've left perhaps the strongest textual witness for last: how the words Tan Du were understood during the period of the Geonim (c. 589-1038). In 1887 Avraham Harkavy published a collection of responsa from this period that he found in manuscripts held in the great library of St. Petersburg. In this collection is a reference to our mysterious words:

  טן דו בלשון פרסי שני בני אדם. ארמלו יחידות 

טן דו in Persian means two people. ארמלו means alone.

Chronologically, this is our earliest source, and, therefore, perhaps our most compelling. Case closed.

VARIATIONS OF THE RESH LAKISH RULE

So far we have the following four versions of what we will now call the Resh Lakish Rule:

It's better for a woman to be...

  • ....married and unhappy than single  (Jastrow)

  • ...in a less desirable or mediocre marriage than no marriage at all (ArtScroll footnote).

  • ...miserable and married than to be a widow (Soncino).

  • ...with a husband than to be alone (ArtScroll, Koren, Melamed, Rashi, Teshuvot Hage'onim)

WHAT IF TAN DU MEANS MISERABLE?

It seems that the translation of  טן דו as miserable originated with Jastrow, and that those who translate Resh Lakish as saying "misery is better than being single" are following in the Jastrow tradition. If we were to evaluate the Resh Lakish Rule per Jastrow (and Soncino and an ArtScroll footnote), the question is, what, precisely, constitutes  a "miserable marriage"? One in which the woman feels physically safe but emotionally alone? One in which her husband loves her dearly but is  unable to provide for her financially? Or one in which she has all the money she needs but her husband is an alcoholic? Tolstoy has taught us that each unhappy family (and presumably each miserable marriage) is unhappy in its own unique way. The point here is not to rank which is worse. 

[In the 1950s, a] bad marriage was usually a better option for a woman, especially if she had a child, than no marriage at all.
— Stephanie Coontz. Marriage, A History.Viking 2005. p288

Today it would be utterly silly (and incredibly rude and insulting) to suggest that a woman is better off miserable than single.  But after our review, that does not appear to be what Resh Lakish ever said.  What he really said was this: a woman would be better off (טב) married than living alone (as a widow). Resh Lakish didn't explain what he meant by better off, so we will have to assume that what he meant was a measure of overall well-being, or what we call... happiness. What we want to know, is how this understanding of Resh Lakish stands up today. Was the Rav correct when he called this "an existential fact"?

MEASURING HAPPINESS & HAPPINESS INEQUALITY

Happiness inequality exists and has been well documented. University of Pennsylvania economists Betsy Stevenson and Justin Wolfers, (who live together, but not within the bonds of marriage), note that

“...the rich are typically happier than the poor; the educated are happier than those with less education; whites are happier than blacks; those who are married are happier than those who are not; and women—at least historically—have been happier than men.”

But why is this so? Don't we all oscillate around a set point of happiness, regardless of what life may throw at us? Some psychologists think so.

LOTTERY WINNERS & ACCIDENT VICTIMS: THE SET POINT THEORY OF HAPPINESS

According to the set point theory of happiness, we all revolve around our own, innate happiness point. When we are faced with adversity, we do, to be sure, become sadder. But we eventually bounce back to where we were before, back at our set point. Similarly, when met with some good mazal, we are, for a period, more happy. But then we return to our innate set point for happiness, wherever that was prior to the good fortune. The evidence for this comes from a classic study which found that "lottery winners were not much happier than controls" and that accident victims who were paralyzed "did not appear nearly as unhappy as might have been expected." (The problem is that this study used a tiny sample - there were only 22 lottery winners and 29 paralyzed accident victims - so we need to be very cautious in generalizing from it.) 

Married people are – on average – happier than those who are single, but perhaps this fact does not suggest causation. Some would argue that it's just a correlation. A grumpy person, unable to hold down a job and miserable to be around, is not likely to find another individual willing to marry him. So it’s not that marriage makes you happier –it’s that happier people are more likely to find a partner and get married. According to this set point theory of happiness, the Resh Lakish Rule would not be supported, since the act of marrying would have no overall long-term effect on happiness.

THE MORE IS BETTER THEORY OF HAPPINESS

However, evidence from a 15 year longitudinal study of 24,000 people suggests that "marital transitions can be associated with long-lasting changes in satisfaction."  This would support the claim that marriage is causally related to happiness. It's not that you went from being a happy person who was once single to being a similarly happy person who is now married. What actually happened was that the marriage had an effect on just how happy you became.  And data from other large cohort studies show that happiness increases when people marry. Just look at the happiness of women by marital status in the figure below. Was Resh Lakish onto something?

Mean happiness of women by marital status, birth cohort of 1953-1972, from ages 18-19 and 28-29. From Easterlin, RA. Explaining Happiness. Proceedings of the National Academy of Sciences 2003. 100 (19): 11176-11183.

Mean happiness of women by marital status, birth cohort of 1953-1972, from ages 18-19 and 28-29. From Easterlin, RA. Explaining HappinessProceedings of the National Academy of Sciences 2003. 100 (19): 11176-11183.

All this supports the Resh Lakish Rule that people are happier when they are married. (I say people because all the evidence applies equally to men too.) But we can get even more specific, because Resh Lakish used the word ארמלא, which most likely means widowed (and hence has a secondary meaning of being alone). There is actually data that applies to this more specific Resh Lakish claim about widows, and it comes from The Roper Center at the University of Connecticut. 

From Economics and Happiness, ed Bruni L. Oxford University Press 2005.

From Economics and Happiness, ed Bruni L. Oxford University Press 2005.

As shown in the table, 62% of women who are widowed want to be happily married.  (Of course this also means that about 40% of widowed women would rather not be married -  even happily. That’s a huge proportion. Still, the overall finding still supports the Resh Lakish Rule.) The women's perspective is the most important perspective in this conversation, and when women (widows) were asked, most wanted to be married again. Widows indeed wish to live as two rather than live alone. I don't think this amounts to anything like an existential fact, as claimed by the Rav. But the evidence from the social sciences would certainly support the Resh Lakish Rule.

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Happy Pi Day 2016, and Happy Birthday Albert Einstein

WHAT IS PI DAY, AND WHEN IS IT CELEBRATED?

Today, March 14, is celebrated by many in the US as Pi Day.  Why? Well, in most of the world, the date is written as day/month/year. So in Israel, all of Europe, Australia, South America and China, today's date, March 14th, would be written as 14/3. 

But not here in the US. Here, we write the date as month/day/year; it's a uniquely American way of doing things. (Like apple pie. And guns.) So today's date is 3/14. Which just happen to be the first few digits of pi, the ratio of the circumference of a circle to its diameter.

And that's why each year, some (particularly geeky) Americans celebrate Pi Day on March 14 (3/14).  Last year, we noted, was Pi'ish than all others, since the entire date (when written the way we do in the US, 3/14/15) reflects five digits of pi, and not just the first three: 31415. Actually we got even more geeky: This day last year, at 9:26 and 53 seconds in the morning, the date and time, when written out, represented the first ten digits of Pi: 3141592653.

So that's why Pi Day is celebrated here in the US -  and probably not anywhere else. (It has even be recognized as such by a US Congressional Resolution. Really. I'm not making this up. And who says Congress doesn't get anything done?) 

 

PI IN THE BIBLE

In the ּBook of Kings (מלאכים א׳ 7:23) we read the following description of  a circular pool that was built by King Solomon. Read it carefully, then answer this question: What is the value of pi that the verse describes?

מלכים א פרק ז פסוק כג 

ויעש את הים מוצק עשר באמה משפתו עד שפתו עגל סביב וחמש באמה קומתו וקוה שלשים באמה יסב אתו סביב 

And he made a molten sea, ten amot from one brim to the other: it was round, and its height was five amot, and a circumference of thirty amot circled it.

Answer: The circumference was 30 amot and the diameter was 10 amot. Since pi is the ratio of the circumference of a circle to its diameter, pi in the Book of Kings is 30/10=3. Three - no more and no less.

There are lots of papers on the value of pi in the the Bible. Many of them mention an observation that seems to have been incorrectly attributed to the Vilna Gaon.  The verse we cited from מלאכים א׳ spells the word for line as קוה, but it is pronounced as though it were written קו.  (In דברי הימים ב׳ (II Chronicles 4:2) the identical verse spells the word for line as קו.)  The ratio of the numerical value (gematria) of the written word (כתיב) to the pronounced word (קרי) is 111/106.  Let's have the French mathematician Shlomo Belga pick up the story - in his paper (first published in the 1991 Proceedings of the 17th Canadian Congress of History and Philosophy of Mathematics, and recently updated), he gets rather excited about the whole gematria thing:

A mathematician called Andrew Simoson also addresses this large tub that is described in מלאכים א׳ and is often called Solomon's Sea. He doesn't buy the gematria, and wrote about it in The College Mathematics Journal.

A natural question with respect to this method is, why add, divide, and multiply the letters of the words? Perhaps an even more basic question is, why all the mystery in the first place? Furthermore, H. W. Guggenheimer, in his Mathematical Reviews...seriously doubts that the use of letters as numerals predates Alexandrian times; or if such is the case, the chronicler did not know the key. Moreover, even if this remarkable approximation to pi is more than coincidence, this explanation does not resolve the obvious measurement discrepancy - the 30-cubit circumference and the 10-cubit diameter. Finally, Deakin points out that if the deity truly is at work in this phenomenon of scripture revealing an accurate approximation ofpi... God would most surely have selected 355/113...as representative of pi...

Still, what stuck Simoson was that "...the chroniclers somehow decided that the diameter and girth measurements of Solomon's Sea were sufficiently striking to include in their narrative." (If you'd like another paper to read on this subject, try this one, published in B'Or Ha'Torah - the journal of "Science, Art & Modern Life in the Light of the Torah." You're welcome.)

PI IN THE TALMUD

The Talmud echoes the biblical value of pi in many places. For example:

תלמוד בבלי מסכת עירובין דף יד עמוד א 

כל שיש בהיקפו שלשה טפחים יש בו רחב טפח. מנא הני מילי? - אמר רבי יוחנן, אמר קרא : ויעש את הים מוצק עשר באמה משפתו עד שפתו עגל סביב וחמש באמה קומתו וקו שלשים באמה יסב אתו סביב 

"Whatever circle has a circumference of three tefachim must have a diameter of one tefach."  The problem is that as we've already noted, this value of pi=3 is not accurate. It deviates from the true value of pi (3.1415...) by about 5%. Tosafot is bothered by this too.

תוספות, עירובין יד א

והאיכא משהו. משמע שהחשבון מצומצם וכן בפ"ק דב"ב (ד' יד:) גבי שני טפחים שנשתיירו בארון ששם ספר תורה מונח שהיא בהיקפה ששה טפחים ופריך כיון דלאמצעיתו נגלל נפיש ליה משני טפחים וכן בתר הכי דמשני בספר דעזרה לתחלתו נגלל ופריך אכתי תרי בתרי היכי יתיב משמע דמצומצם לגמרי וקשיא דאין החשבון מדוקדק לפי חכמי המדות

Tosafos can't find a good answer, and concludes "this is difficult, because the result [that pi=3] is not precise, as demonstrated by those who understand geometry." 

PI IN THE RAMBAM

In his commentary on the Mishnah (Eruvin 1:5) Maimonides makes the following observation:

פירוש המשנה לרמב"ם מסכת עירובין פרק א משנה ה 

צריך אתה לדעת שיחס קוטר העיגול להקפו בלתי ידוע, ואי אפשר לדבר עליו לעולם בדיוק, ואין זה חסרון ידיעה מצדנו כמו שחושבים הסכלים, אלא שדבר זה מצד טבעו בלתי נודע ואין במציאותו שיודע. אבל אפשר לשערו בקירוב, וכבר עשו מומחי המהנדסים בזה חבורים, כלומר לידיעת יחס הקוטר להקיפו בקירוב ואופני ההוכחה עליו. והקירוב שמשתמשים בו אנשי המדע הוא יחס אחד לשלשה ושביעית, שכל עיגול שקוטרו אמה אחת הרי יש בהקיפו שלש אמות ושביעית אמה בקירוב. וכיון שזה לא יושג לגמרי אלא בקירוב תפשו הם בחשבון גדול ואמרו כל שיש בהקיפו שלשה טפחים יש בו רוחב טפח, והסתפקו בזה בכל המדידות שהוצרכו להן בכל התורה.

...The ratio of the diameter to the circumference of a circle is not known and will never be known precisely. This is not due to a lack on our part (as some fools think), but this number [pi] cannot be known because of its nature, and it is not in our ability to ever know it precisely. But it may be approximated ...to three and one-seventh. So any circle with a diameter of one has a circumference of approximately three and one-seventh. But because this ratio is not precise and is only an approximation, they [the rabbis of the Mishnah and Talmud] used a more general value and said that any circle with a circumference of three has a diameter of one, and they used this value in all their Torah calculations.

So what are we to make of all this? Did the rabbis of the Talmud get pi wrong, or were they just approximating pi for ease of use?  After considering evidence from elsewhere in the Mishnah (Ohalot 12:6 - I'll spare you the details), Judah Landa, in his book Torah and Science, has this to say:

We can only conclude that the rabbis of the Mishnah and Talmud, who lived about 2,000 years ago, believed that the value of pi was truly three. They did not use three merely for simplicity’s sake, nor did they think of three as an approximation for pi. On the other hand, rabbis who lived much later, such as the Rambam and Tosafot (who lived about 900 years ago), seem to be acutely aware of the gross innacuracies that results from using three for pi. Mathematicians have known that pi is greater than three for thousands of years. Archimedes, who lived about 2,200 years ago, narrowed the value of pi down to between 3 10/70 and 3 10/71 ! (Judah Landa. Torah and Science. Ktav Publishing House 1991. p.23.)

HAPPY BIRTHDAY, EINSTEIN

Today, March 14, is not only Pi Day. It is also the anniversary of the birthday of Albert Einstein, who was born on March 14, 1879. As I've noted elsewhere, Einstein was a prolific writer; one recent book (almost 600 pages long) claims to contain “roughly 1,600” Einstein quotes. So it's hard to chose one pithy quote of his on which to close.  So here are two.  Happy Pi Day, and happy birthday, Albert Einstein.

As a human being, one has been endowed with just enough intelligence to be able to see clearly how utterly inadequate that intelligence is when confronted with what exists.
— Letter to Queen Elisabeth of Belgium, September 1932
One thing I have learned in a long life: That all our science, measured against reality, is primitive and childlike — and yet it is the most precious thing we have.
— Banesh Hoffman. Albert Einstein: Creator and Rebel. Plume 1973
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The Changing Institution of Marriage

Today the Daf Yomi cycle embarks on a study of the laws of marriage, as it begins the first page of Kiddushin.  As we have noted before, marriage in talmudic times had very little to do with love. And by very little I mean nothing. Within the tractate of Kiddushin, love, (or one of its conjugates) appears twenty-four times. Yet in only one instance is it in the context of spousal love - (and that is a quote from משלי 9:9). This was not a result of talmudic law, but rather a reflection of the institution of marriage across all cultures for about five thousand years.

A (REALLY BRIEF) HISTORY OF THE INSTITUTION OF MARRIAGE

The historian Stephanie Coontz noted that for most of history, marriage was not primarily about individual needs. Instead it was about "getting good in-laws and increasing ones's family labor force."  In ancient Roman society "something akin to marriage was essential for the survival of any commoner who was not a slave...A woman needed a man to do the plowing.  A man needed a woman to spin wool or flax, preserve food, weave blankets and grind grain, a hugely labor-intensive task." Marriage was essential to survive. So it comes as no surprise that historically, love in marriage was seen as a bonus, not as a necessity. In many societies (including that described in the Talmud), a woman's body was the property first of their fathers, and then of their husbands. A woman had to follow, as Confucious put it, the rule of three obediences: "while at home she obeys her father, after marriage she obeys her husband, after he dies she obeys her son." 

This pattern existed for centuries. Here's a rather graphic, but certainly not isolated example.  In the 1440s in England, Elizabeth Paston, the twenty-year old daughter of minor gentry, was told by her parents that she was to marry a man thirty years her senior. Oh, and he was disfigured by smallpox.  When she refused, she was beaten "once in the week, or twice and her head broken in two or three places." This persuasive technique worked, and reflected a theme in Great Britain, where Lord Chief Baron Matthew Hale declared in 1662 that "by the law of God, of nature or of reason and by the Common Law, the will of the wife is subject to the will of the husband." Things weren't any better in the New Colonies, as Ann Little points out (in a gloriously titled article "Shee would Bump his Mouldy Britch; Authority, Masculinity and the Harried Husbands of New Haven Colony 1638-1670.) The governor of the New Haven Colony was  found guilty of "not pressing ye rule upon his wife." 

It is with this historical perspective that the attitudes of the rabbis in Kiddushin (and in the Talmud in general) should be judged.  Marriage was an economic arrangement, and so it required economic regulation.  Here's just one example we have previously noted (and there are dozens): the Mishnah in Ketubot  ruled that a widow may sell her late husband's property in order to collect the money owed to her in the ketubah without obtaining the permission of the court.  This leniency was enacted, (according to Ulla) "משום חינה" - so that women will view men more favorably when they understand that the ketubah payment does not require the trouble of going to court. Consequently (and as Rashi explains) women will be more inclined to marry. Which leaves the reader to wonder just for whom this law was really enacted. 

...the older system of marrying for political and economic advantage remained the norm until the eigthteenth century, five thousand years after we first encountered it in the early kingdoms and empires of the Middle East.
— Stephanie Coontz. Marriage, a History. New York, Viking 2005. 123.

The Changing Face of Marriage

According to the US Census Bureau, married couples made up 70% of all households in the US in 1970. In 2012 they accounted for less than 50%. As the prevalence of married couple declined, that of cohabiting (ie. non-married couples) has increased. A CDC survey found that 48% of women interviewed in 2006-2010 cohabited as a first union, compared in only 34% in 1995. Of those who cohabit, about half of the unions result in marriage, and a third dissolve within five years.  

Current marital and cohabiting status among women under 44 years of age, United States: 1982, 1995, 2002, and 2006–2010. From Copen C. et al.  First Marriages in the United States: Data From the 2006–2010 National Survey of Family Growth. Natio…

Current marital and cohabiting status among women under 44 years of age, United States: 1982, 1995, 2002, and 2006–2010. From Copen C. et al.  First Marriages in the United States: Data From the 2006–2010 National Survey of Family Growth. National Health Statistics Report 49. March 2012.

Not surprisingly, cohabiting partners are also increasing likely to be the site for childrearing.  In 2002 about 15% of children were born to cohabiting parents; by 2011 this had risen to over 25%. In January, a review in The Economist noted that the rate of children born to unmarried parents ("out of wedlock") averages 39% in western countries - a five-fold increase since 1970. 

Policymakers wish they could change the trend. Unmarried parents are more likely to split up. Their children learn less in school and are more likely to be unhealthy or behave badly. It is hard to say how much of this difference is due to marriage itself, however, because unmarried parents differ a great deal from married ones. They are poorer, less well-educated and more likely to be teenagers, for example. (The Economist, Love and Marriage, Jan 14, 2016)
From The Ecomonist, based on OECD data.

From The Ecomonist, based on OECD data.

The discussion of marriage in the Talmud revolves around its contractual arrangements. But for most Jews today, the concept of marriage revolves around love. Economics have nothing to do with it. Western society has changed its beliefs about the nature of marriage, and so have we.  Still not convinced? Then answer this. Did your parents marry for love or money? If you are married - did you marry for love or for economic advancement (and how did that work out)? If you are not married, but want to be, what is driving you? The search for the love of your life, or the search for physical security? And if you have children - or grandchildren, would you want them to marry because they loved their significant other, or because it would be a good way to unite two families and insure financial stability? If your answers were like mine, they were closer to contemporary secular values about marriage than they were to the models of marriages described in the Talmud. And that's probably a very good thing.

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Gittin 89a ~ Breastfeeding in Public

גיטין פט,א 

אכלה בשוק, גירגרה בשוק, הניקה בשוק – בכולן רבי מאיר אומר תצא

If a married woman ate in the street, or walked with her head held high in the street, or nursed in the street - in all these cases Rabbi Meir said that she must leave her husband.

 

In the penultimate page of Gittin, the Talmud discusses immodest behavior. Rabbi Meir declared that three displays are so immodest that  any wife who expressed them should also be suspected of adultery. One of these behaviors is "nursing in the street." As a consequence, if a wife were to breastfeed in public, she cannot stay with her husband because of the possibility (- or is it the probability? -) that she had also committed adultery. 

Let's clear one thing up right away. Maimonides, in his Mishneh Torah rejects the position of Rabbi Meir, as does the definitive Shulchan Aruch  (אבן העזר ו, טז) :

רמב"ם הלכות איסורי ביאה פרק יז הלכה כא 

יצא קול על הבתולה שהיא בעולה אין חוששין לה ותנשא לכהן גדול, יצא עליה קול שהיא שפחה אין חוששין לה ותנשא אפילו לכהן, יצא לה שם מזנה בעיר אין חוששין לה, ואפילו הוציאה בעלה משום שעברה על דת יהודית או בעדי דבר מכוער ומת קודם שיתן לה גט הרי זו מותרת לכהן שאין אוסרין אשה מאלו אלא בעדות ברורה או בהודאת פיה

...if a husband divorced his wife because she transgressed Jewish practice or because she did a repulsive thing - and he died before he was able to give her the Get (Bill of Divorce), she is permitted to marry a Cohen [who is normally forbidden to marry a divorcee]. For we do not forbid a woman to her husband for any of these reasons unless there is clear evidence, or she admits to it herself (Mishneh Torah Hil. Issurei Biah 17:21).

As we have noted many times, societal definitions of immodest behavior change over time and between locations, and are continuing to evolve. Perhaps no better example of this evolution are attitudes towards breastfeeding in a public space. Rabbi Meir's attitude, while it may appear extreme, was in fact one that prevailed until recently in many cultures - especially our own. (That is why Pope Francis made headlines two years ago when he encouraged mothers in the Sistine Chapel to nurse their children.)

Public Breastfeeding laws

1.  THE US

In a 2013 review of  breastfeeding laws in the US, researchers at Harvard noted that the majority of states have legislation permitting women to breastfeed in any location and exempting breastfeeding from indecency laws.  However, less than half the states require employers to provide break time accommodations, prohibit employment discrimination based on breastfeeding or offer breastfeeding women exemption from jury duty.

The first breastfeeding law was passed in New York in 1984 with legislation exempting breastfeeding from public indecency offences. In 1993, Florida and North Carolina enacted laws to permit women to breastfeed in any public or private location. In 1994, Iowa passed the first legislation to excuse or postpone jury duty for breastfeeding women... Minnesota passed a law that required employers to provide break time and a private space for mothers to express milk.
— Nguyen, TT. Hawkins, SS. Current state of US breastfeeding laws. Maternal & Child Nutrition 2013. 9: 350-358.

Currently, women who breastfeed are exempt from public indecency laws in 29 states in the US. Fewer states - only nineteen  -  have laws encouraging or requiring provisions for break time and private accommodations where an employee can express milk or breast-feed. But 15 of these 19 states do not require breast-feeding provisions if doing so "would unduly disrupt operations". These laws not only make the lives of breastfeeding mothers (and their children) much easier; evidence suggests that state laws that support breast feeding are associated with increased  breastfeeding rates - and the health benefits that follow.

Nguyen, TT. Hawkins, SS. Current state of US breastfeeding laws. Maternal & Child Nutrition 2013. 9: 350-358.

Nguyen, TT. Hawkins, SS. Current state of US breastfeeding laws. Maternal & Child Nutrition 2013. 9: 350-358.

2.  THE UK

In the United Kingdom, breastfeeding in public was addressed in the Equality Act of 2010. Under this legislation, treating a woman unfavorably because she is breastfeeding is sex discrimination and against the law.  The Act protects nursing mothers in public places such as parks, sports and leisure facilities, and when using public transport.  They are also protected in stores, restaurants, hotels movie theatres (known as "cinemas" there), and gas stations. In Scotland it is a criminal offense to try to prevent a woman from feeding a child under two in any place in which the public has access and in which the child is entitled to be. Anyone who tries to do so can be prosecuted under the Equality Act.

3.  ISRAEL

A 2007 survey of pediatricians, family physicians, and gynecologists in Israel concluded that physicians had a positive disposition towards breastfeeding but that their knowledge about it was somewhat low. The authors noted that "it is highly important to increase physicians’ awareness of breastfeeding women’s needs," though they did not address the issue of nursing in public. A 2004 report from the Kenesset (עידוד הנקה בישראל) noted that only 32% of Jewish mothers were breastfeeding their infants a six months, (compared with 50% of Arab mothers,) but the report did not address nursing in public. In 2013 a bill came before the Kenesset to protect women who nursed in public spaces. The bill has not yet become law, but its supporters hope that it will be resubmitted in the current Kenesset.   

Breastfeeding in Public - One Rabbi's Responsum

Rabbi Brad Artson of the Zeigler School of Rabbinic Studies in Los Angeles has written a thoughtful תשובה (responsum) on the question of breast feeding in public. "When it was possible to avoid baring the breast," he wrote, reviewing several talmudic passages, "it seems to be the preferred approach of the rabbis. Forced stripping [which was part of the Sotah ritual] was a sign of humiliation. And, finally, the rabbis dispute whether or not such an act as public breast-feeding is a sufficient cause for divorce (ultimately deciding that it is not)." He concluded his twelve page responsum  (which was approved 14 to 3) with these words: 

Reading the sources in the light of these considerations, I understand halakhah to permit public breast-feeding, including in a Beit Midrash or synagogue sanctuary during a worship service, so long as it is done in a modest, subtle, and dignified fashion. (This requirement would be met, for example, by using a cloth or towel to cover breast and baby, by the maternity shirts specially made for this purpose, or by nursing in the rear of the room.) It is also preferable that Jewish institutions provide places where mothers who prefer to nurse in private may do so.

Many synagogue arks are emblazoned with the words דע לפני מי אתה עומד , know before Whom you stand. In Torah study and in prayer, we are in the presence of the One whose salvation is intimated through human nursing:


לְמַעַן תִּינְקוּ וּשְֹבַעְתֶּם מִשֹּׁד תַּנְחֻמֶיהָ לְמַעַן תָּמֹצּוּ וְהִתְעַנַּגְתֶּם מִזִּיז כְּבוֹדָהּת

"That you may suck, and be satisfied with the breasts of her consolations; that you may drink deeply, and be delighted with the abundance of her glory.”


Jewish institutions, in particular, have an obligation to welcome, facilitate, and support nursing mothers and their babies.

These are words that Jews of any and all denominations should get behind.

An amendment no. 6 and printed in the Congressional Record to establish that no funds may be used to enforce any prohibition on women breastfeeding their children in Federal buildings or on Federal property.
— Bill Summary & Status 106th Congress (1999 - 2000) House Ammendment 295.
Former airwoman Tara Ruby photographed active duty soldiers at Fort Bliss in El Paso, Texas, September 2015.

Former airwoman Tara Ruby photographed active duty soldiers at Fort Bliss in El Paso, Texas, September 2015.

NEXT TIME ON TALMUDOLOGY: THE CHANGING INSTITUTION OF MARRIAGE

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