(c) Apr 18 2001 RashiYomi Inc. MY COLLECTED & INDEXED MAIL JEWISH POSTINGS-Ver #1
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From: rhendel@mcs.drexel.edu (Russell Hendel)
Date: Mon, 18 Nov 96 19:43:34 EST
Subject: When Modesty and Economic Rights Collide

Michael and Abby Pitkowsky along with Carl and Adina Sherer recently
(e.g. Vol 25-#19) discuss the "propriety" of making stewardesses "only
male" on El Al flights (apparently for reasons of Tzniuth). This is
connected with a similar issue of whether Cheder teachers should be
restricted by gender.  Finally this whole issue is placed in a broader
context...whether

>> many of the recent prohibitionis about interraction between the
>>the sexes are not required by halachah.

I wish to emphasize that halachah and Jewish Hashkafa consider men and
women economic equals---a goal of any society is to see that each gender
has the same rights in the working place. In this respect, Jewish
Hashkafa and American law are the same.

Where Jewish Law and American Law differ is in whether there can be
non-economic social differentiation between men and women: American law
says no while Jewish law says yes.

I am sure I need not give examples of social areas where only men can
function: Only men can be kings, judges, witnesses, cantors, Rabbis,
etc. And, according to strict talmudic law one is prohibited to accept
money for these functions (and even today one can only possibly accept
the money one "would have earned at an ordinary job" had one not been
involved in the function).

However in economic laws women are equal or better: Examples might be
right of road laws (Rambam Murder 13, 11-12), charity (Gifts to Poor, 8,
15), priority of appearance in courts(Sanhedrin 21)....

Without taking sides in the school-teacher issue I point out that since
boys and girls are usually equal in number in any population it follows
that male and female teachers would get equal compensation even if there
was a gender match.

The only real exception I know to the above are rules governing prison
guards(you can't have male guards over female captives or prisoners) but
there it is because of the power they have.

Returning to El Al and their stewardesses: It is totally contrary to
halachah and Jewish hashkafa to interfer with a women's right to earn a
living...

I dedicate this posting to Baruch Yosef ben Adina Batya...may he have a
speedy recovery and grow up to write postings like those of his parents.

Russell Jay Hendel, PH.d, ASA, rhendel @ mcs drexel edu