Thursday, 12 December 2019

Niddah 49: Can Women be Judges?

We learn in the first of three Mishnayot in today's daf that a vessel with a hole in it can both let in water and allow water to escape, and thus it cannot be sanctified.  Similarly, when a limb is pierced by a nail, there must be a bone in that limb and thus if it is a corpse, it will impart ritual impurity.  The second and third Mishnayot focus on what is permitted of adjudicators.  One might be qualified to adjudicate in certain types of offenses but not in others. 

To that last point, the rabbis wonder about Deborah, the judge.  First, Tosafot say that this Mishna refers to men only.  Any judge can serve as a witness, but some who can serve as witnesses cannot be judges.  Tosafot then argue that Devorah was a special circumstance because she was given Heavenly approval to judge.  Thirdly, Tosafot teach that Devorah did not actually serve as a judge.  Instead, she taught the laws of judgement to the Jewish people. 

This last argument seems unlikely considering that people lined up to hear her judgements.  How is that different from other judges?

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