Tuesday, July 09, 2013

Women riding animals

As a followup to an earlier post, I would like to discuss the gemara in Pesachim 3a-b, about Tanach's description of woman riding animals. Here is the outline for my discussion.

I) Present the gemara and its translation.
II) Show that the portion discussion Rivkah, Tzipporah, and Avigail riding on animals is the setama degemara (post-Amoraim), on the basis of three features:
     a) transition from Hebrew to Aramaic
     b) anonymous
     c) an attempt to systematize the derasha
III) Explain why the setama's question is not a good question. That is, that the derasha was not claiming that 'sitting' is a general synonym for riding, just that in terms of tum'ah, it would be equivalent if one sat or rode on an item.
IV) Explain how the gemara's answer for Avigail is not a good answer, because while it might answer for רכבת, each of the suggested answers account for ותרכב which occurs later in the same perek in sefer Shmuel.
V) Even so, explain how this gemara is to be parsed without it forbidding women riding animals normally
VI) An alternative explanation of ישב vs. רכב
VII) How obscure sources are kvetched to obtain modern tznius rules

I) First, the gemara, Pesachim 3a-3b:
לישנא מעליא הוא דנקט וכדר' יהושע בן לוי דאמר ר' יהושע בן לוי לעולם אל יוציא אדם דבר מגונה מפיו שהרי עקם הכתוב שמונה אותיות ולא הוציא דבר מגונה מפיו שנאמר (בראשית ז, ח) מן הבהמה הטהורה ומן הבהמה אשר איננה טהורה רב פפא אמר תשע שנאמר (דברים כג, יא) כי יהיה בך איש אשר לא יהיה טהור מקרה לילה רבינא אמר עשר וי"ו דטהור רב אחא בר יעקב אמר שש עשרה שנאמר (שמואל א כ, כו) כי אמר מקרה הוא בלתי טהור הוא כי לא טהור תניא דבי רבי ישמעאל לעולם יספר אדם בלשון נקיה שהרי בזב קראו מרכב ובאשה קראו מושב ואומר (איוב טו, ה) ותבחר לשון ערומים ואומר (איוב לג, ג) ודעת שפתי ברור מללו מאי ואומר וכי תימא הני מילי בדאורייתא אבל בדרבנן לא תא שמע ואומר ותבחר לשון ערומים וכי תימא הני מילי בדרבנן אבל במילי דעלמא לא ואומר ודעת שפתי ברור מללו 
ובאשה לא כתיב בה מרכב והכתיב (בראשית כד, סא) ותקם רבקה ונערותיה ותרכבנה על הגמלים התם משום ביעתותא דגמלים אורחא היא והכתיב (שמות ד, כ) ויקח משה את אשתו ואת בניו וירכיבם על החמור התם
משום בניו אורחא הוא והכתיב (שמואל א כה, כ) והיא רוכבת על החמור התם משום ביעתותא דליליא אורחא הוא ואיבעית אימא משום ביעתותא דליליא ליכא משום ביעתותא דדוד איכא ואיבעית אימא ביעתותא דדוד נמי ליכא משום ביעתותא דהר איכא ובאורייתא מי לא כתיב טמא אלא כל היכא דכי הדדי נינהו משתעי בלשון נקיה כל היכא דנפישין מילי משתעי בלשון קצרה כדאמר רב הונא אמר רב ואמרי לה אמר רב הונא אמר רב משום ר"מ לעולם ישנה אדם לתלמידו דרך קצרה וכל היכא דכי הדדי נינהו משתעי בלשון כבוד והא רוכבת ויושבת דכי הדדי נינהו וקאמר רוכבת רכבת כתיב
Or, in English:
He employs a refined expression, and in accordance with R. Joshua b. Levi. For R. Joshua b. Levi said: one should not utter a gross expression with his mouth, for lo! the Writ employs a circumlocution of eight letters20 rather than utter a gross expression, for it is said, of every clean beast . . . and of the beasts that are not clean.21 
R. Papa said: Nine, for it is said, If there be among you any man, that is not clean by reason of that which chanceth by night.22 Rabina said: Ten, [including] the waw of tahor.23 R. Aha b. Jacob said: Sixteen, for it is said, for he thought, Something hath befallen him he is not clean; surely he is not clean.24
The School of R. Ishmael taught: one should always discourse in decent language, for lo!, the case of a zab25 it is called riding, while in connection with a woman it is called sitting;26 and it is said, and thou shalt choose the tongue of the subtle;27 and it is said, and that which my lips know they shall speak purely.28 
Why [quote] ‘and it is said [etc.]’?29 — [For] should you object, that is only in the case of Scripture,30 but not in the case of Rabbinical [discussions], then come and hear, ‘and it is said, and thou shalt choose the tongue of the subtle’.31 Yet should you [still] object, that is only in reference to Rabbinical [discussions] but not secular matters, — then come and hear, ‘and it is said,and that which my lips know they shall speak purely’.
Now, is riding not written in connection with a woman, but surely it is written, And Rebekah arose, and her damsels, and they rode upon the camels?32 — There it was natural through fear of the camels.33 But it is written, and Moses took his wife and his sons, and made them ride upon an ass?34 — There it was natural on account of his sons. But it is written, And it was so, as she rode on her ass?1 — There it was natural through fear of the night. Alternatively, there was no fear of the night, but there was fear of David. Another alternative: there was no fear of David either, but there was the fear of the mountain. 
Yet is not ‘unclean’ written in Scripture?2 Rather wherever they are equal[ly convenient], [Scripture] discourses in a refined language; but wherever more words would be required, the shorter phraseology is employed. As R. Huna said in Rab's name — others say, R. Huna said in Rab's name on R. Meir's authority: one should always teach his pupil in concise terms. And where they are equal he discourses in refined speech? Yet surely ‘riding’ [rokebeth] and ‘sitting’ [yoshebeth] are alike [in length], yet ‘riding’ [rokebeth] is stated? — Rakebeth is stated.3
II) That marked in red above is the setama degemara:

Modern scholars (as well as some traditional scholars, in some places) assert that certain parts of the gemara are later additions, from the time of the Savoraim or even Geonim. There are a few characteristics which can be used to identify this setama degemara.

a) Transition from Hebrew to Aramaic. Note how even the Amoraim, Rav Papa and Rav Acha bar Yaakov employ the word שנאמר, which is Hebrew. Meanwhile, throughout the red marked section, we have דכתיב, which is Aramaic.

b) Anonymous. The Aramaic analysis is not attributed to any named Amora.

c) Systematizing the derasha. The named Amoraim did not explain that this usage was the case across Tanach -- when making a homiletic point, once instance of divergence from the norm might be enough to teach the lesson -- nor did they explain why both derashot (ואומר) were required. Once the setama degemara steps in, its first concern is why both prooftexts were needed -- מאי ואומר. Its second concern is whether, across Tanach, women are described as riding. Its third concern is whether across Tanach 'not tahor' is consistently used, and if not, to explain why.

III) Why the setama's question is not a good question.

Following the lead of the aforementioned derashot, I will avoid saying that it is a bad question. But I don't believe that a good one.

The brayta had stated:
תניא דבי רבי ישמעאל לעולם יספר אדם בלשון נקיה שהרי בזב קראו מרכב ובאשה קראו מושב ואומר (איוב טו, ה) ותבחר לשון ערומים ואומר (איוב לג, ג) ודעת שפתי ברור מללו
The School of R. Ishmael taught: one should always discourse in decent language, for lo!, the case of a zab25 it is called riding, while in connection with a woman it is called sitting;26 and it is said, and thou shalt choose the tongue of the subtle;27 and it is said, and that which my lips know they shall speak purely.28
The meaning of this is, in terms of tumah, we must deal with what a person has sat upon. And by the man, the zav, it speaks about merkav, riding, while by the woman, the zava, it speaks about moshav, sitting. They are functionally equivalent in terms of tuma. That does not mean that one is a synonym for the other, and that if I wanted to say "Ploni rode his horse to town", I could equivalently say "Ploni sat his horse to town." That is not the way Hebrew works.

So, when the setama asks ובאשה לא כתיב בה מרכב, the proper answer is: Of course riding is written by women, because women rode! Only by tumah, when the act of sitting and the act of riding were functionally equivalent in terms of transfer of ritual impurity would the Torah select sitting over riding.

IV) How the gemara's answer for Avigail is not a good answer.

The gemara asks that it seems, from Avigail's travel to David, that Tanach would describe women riding using merkav (and that it would do so even if they were riding side-saddle, where moshav would have been an acceptable synonym):

והכתיב (שמואל א כה, כ) והיא רוכבת על החמור התם משום ביעתותא דליליא אורחא הוא ואיבעית אימא משום ביעתותא דליליא ליכא משום ביעתותא דדוד איכא ואיבעית אימא ביעתותא דדוד נמי ליכא משום ביעתותא דהר איכא
But it is written, And it was so, as she rode on her ass?1 — There it was natural through fear of the night. Alternatively, there was no fear of the night, but there was fear of David. Another alternative: there was no fear of David either, but there was the fear of the mountain. 
The reference is to I Shmuel 25:20:
כ  וְהָיָה הִיא רֹכֶבֶת עַל-הַחֲמוֹר, וְיֹרֶדֶת בְּסֵתֶר הָהָר, וְהִנֵּה דָוִד וַאֲנָשָׁיו, יֹרְדִים לִקְרָאתָהּ; וַתִּפְגֹשׁ, אֹתָם.20 And it was so, as she rode on her ass, and came down by the covert of the mountain, that, behold, David and his men came down towards her; and she met them.--
Her husband Naval had committed a trespass against David, and David was going to commit bloodshed in response. Covertly, without her husband's knowledge, Avigail visited David and appeased him.

a) This was at night, as we see in pasuk 34: כִּי לוּלֵי מִהַרְתְּ, ותבאתי (וַתָּבֹאת) לִקְרָאתִי--כִּי אִם-נוֹתַר לְנָבָל עַד-אוֹר הַבֹּקֶר, מַשְׁתִּין בְּקִיר, except thou hadst made haste and come to meet me, surely there had not been left unto Nabal by the morning light so much as one male.'.

b) This was in fear of David, because she knew that, if she did not act, he was going to massacre her household.

c) This was בְּסֵתֶר הָהָר, by the covert of the mountain, and a mountain pass might be more dangerous.

Thus, these are the three factors that the setama degemara suggests (via איבעית אימא) to account for why רכבת is used rather than יושבת. One of these fears would have caused her to ride in a way that would preclude describing it as יושבת.

The problem I have with each of these answers is that later in the perek, Naval dies and Avigail goes with her handmaidens to David, who marries her. How does she travel to him? ותרכב.
מב  וַתְּמַהֵר וַתָּקָם אֲבִיגַיִל, וַתִּרְכַּב עַל-הַחֲמוֹר, וְחָמֵשׁ נַעֲרֹתֶיהָ, הַהֹלְכוֹת לְרַגְלָהּ; וַתֵּלֶךְ, אַחֲרֵי מַלְאֲכֵי דָוִד, וַתְּהִי-לוֹ, לְאִשָּׁה.42 And Abigail hastened, and arose, and rode upon an ass, with five damsels of hers that followed her; and she went after the messengers of David, and became his wife.

There is no indication that this was at night. David wanted to marry her, so there was no fear of David. And there was no need for secrecy that would make her take mountain pass.

Perhaps the last two are not true. Perhaps out of honor for David, she "hurried". Perhaps this was the only path to David from her home, and בסתר means something else.

However, at the very least this is a complication in the gemara's answer.

At any rate, at the very end of the gemara, it appears that there is a retraction from the assessment that she rode in this manner, compelling the use of רכבת.
והא רוכבת ויושבת דכי הדדי נינהו וקאמר רוכבת רכבת כתיב
That is, the assumption here is that the author would still use יושבת, were רכבת not shorter by one letter. (See Tosafot grapple with the difficulty of this answer, since ישבת could also be written chaser.)

If so, then maybe all of these assumptions about women riding side-saddle in the hava amina would also fall away, since they are not necessary. Maybe not, and it is only regarding Avigail, where the assumption is now that she rode side-saddle. After all, there is still the fear of camels.

Here is a question, though, given the setama degemara's conclusion. The word ותרכב, which the gemara does not think to mention, is 5 letters. ותשב is four letters. This is both derech ketzara and lashon nekiyah. So why is it not used?

Making halachic or hashkafic conclusions based on this back-and-forth of the gemara, which I think has several flaws and does not accord with the opinion of the Amoraim, is ill-advised.

V) How to parse the gemara:

Though I gave my reasons for displeasure with the give and take of the gemara, let us run with it.

It is possible, with all this, that the only problem is in describing a woman doing these actions. While it might be true that, in general, women even in the days of Chazal rode side-saddle, that does not mean that, where the riding was not otherwise possible otherwise, they refrained from riding.

The statement of the brayta was just that one should use polite language:
The School of R. Ishmael taught: one should always discourse in decent language, for lo!, the case of a zab25 it is called riding, while in connection with a woman it is called sitting;26 and it is said, and thou shalt choose the tongue of the subtle;27 and it is said, and that which my lips know they shall speak purely.28 
There was nothing in it that stated that it was forbidden, or improper, for women to actually ride. Only that it was improper to describe it, if alternative language was available. Or that it was better to select the more refined language.

Thus, we have Rabbenu Chananel explain:

That is, to translate Rabbenu Chananel:
And why did it not mention riding by a woman? For riding is with separation of the legs. And it is a way of disgrace for a woman, the mentioning of separation of the legs, in an instance where it was possible to describe the matter in a praiseworthy manner. But by riding on a camel, and the like, where because of fear she would fear to ride by way of sitting lest she fall, and so it is not possible to mention 'riding', there is no issue with it.
The gemara then asks about Scriptural instances of women described as 'riding'. Ignore my objection above, about synonyms. Why is Rivkah mentioned as riding, rather than sitting?

The gemara answers this by finding something very specific about this instance. Namely, it was על הגמלים, on a camel. This then forms an exception.

By making it exceptional, the gemara has transformed, or at least solidified, the definition of רכב and ישב. That is, prior to the question, we could assume that every form of riding, whether with legs split by a saddle or via side-saddle, could be called either רכב or more politely ישב. Now we see that only side-saddle (RIDE1) could be called either ישב or רכב, but the type of riding most people (men, certainly, and women at times) do can only be called רכב (RIDE2).

Once we have this definition, and where we committed to the specificity of camels, Tzippora forms a great objection, since she was on a donkey. The answer appears to be that, indeed, we would not have used רכב there due to politeness concerns, but it was a relevant word to use since Moshe's two sons were also involved in this riding.

But then we have Avigail, who was a lone woman, and it is רכב on a donkey, not a camel. The answer is to extend the ביעתותא, the fear. When making camels exceptional, it was due to a fear. So, we can find some other fear that would compel Avigail to similarly perform the more extreme 'riding', such that ישב would not be applicable. And so, based on textual cues, the gemara suggests three possible factors that could compel such fear: night, David, mountain.

At the very end of the gemara, there appears to be a possible retraction. For Avigail, one need not posit fear. Since they establish by tuma that brevity is also of value, they ascribe the use of רכבת to brevity. This is strange, since they already have an answer in place (ביעתותא) and because, as Tosafot points out (though answers as well), ישבת can also be written chaser.

Does this mean that generally women would engage in RIDE1, except for where there is fear? This seems to be the underlying assumption.

However, I don't think that this is the case, based on the way that prooftexts work. Once the gemara had defined RIDE1 (side-saddle) and RIDE2 (straddling), any instance of רכב was ambiguous, and could be RIDE1 or RIDE2, and so in asking the question, the assumption was made that it was RIDE1. In order to reject the premise of the question, the gemara repeatedly asserted that it was RIDE2, and provided textual cues which would force it to be RIDE2. The forcing of it to be RIDE2 (straddling) solidly answers the question. But that does not mean that, in the general case, women did not engage in RIDE2.

VI) An alternative explanation of ישב vs. רכב

An alternative is not that the gemara is speaking of different forms of riding, RIDE1 and RIDE2. Rather, ישב connotes detachment, while רכב connotes a greater engagement. If someone was merely sitting, they might fall off! Therefore, giving what was going on, the fear would compel greater attachment to the act of riding, and so רכב is the better term to use.

With this explanation, we have what I would deem a more consistent usage of אורחא היא, as purely referring to the normal pattern of speech, for Rivkah, Tzipporah, and Avigail.

VII) How obscure sources are kvetched to obtain modern tznius rules.

This give and take in the gemara is not cited lehalacha by the Rif, the Rosh, or the Rambam. The immediately preceding gemara, about using proper speech, is cited by them.

So even if one dismisses my objections to the gemara itself; and even if one interprets the gemara contrariwise to how I did above, and deduces that straddling while riding itself is improper, it is interesting that this gemara has been resurrected to prohibit modern activities (e.g. riding a bicycle or wearing pants), circumventing the absence of real discussion lehalacha by Rishonim.

Why does it surface in modern discussions of tznius? Because there is a vacuum. There is an lack of sources which talk about such issues. And modern halachic decisors end up going back to gemaras, or partial quotes of Rabbenu Chananel, and try to create new simanim in Shulchan Aruch on this basis.

I am not sure about the legitimacy of this approach.

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