Parashat Mattot/Mas`ei
Our double Torah portion, the reading that brings this fourth book of the Torah, Numbers, to a close, opens with the laws of taking vows. The text of the Torah is very emphatic about the sacred nature of an oath. Under no circumstances may a person violate or ignore a vow once he has made it. But the Torah does offer one class of exceptions. The vows of women who live under the authority of a male head of household – daughters in their father’s house and wives in their husband’s house – are subject to the approval or nullification of that male authority. This is a classic example of the Torah’s reflecting the patriarchal nature of ancient society. The very words that women uttered were subject to the overriding power of their male masters.
This inherent bias against women’s equality must be acknowledged. But let us move on to recognize anther corollary of these legal provisions. A fair reading of this text implies that only women might have the possibility of their vows getting cancelled. There is no provision for a male to cancel his vow. Even God does not seem capable of cancelling a Divine vow. This is alluded to by Moses when he recalls that God had vowed not to let the Israelites enter the Promised Land until they had wandered for forty years and perished in the wilderness. (Num. 32:10-11) So it is remarkable that the cancellation of vows (by men) is a well-recognized feature of Jewish law, occupying extensive attention in rabbinic literature. It even serves as the basis for what is, for many, the most moving moment in the Jewish calendar – Kol Nidrei.
Apparently our tradition found it impossible to accept that there never could be an “out” from a vow. As we recognize during Kol Nidrei, we are mere mortals and cannot be held to such a strict standard of responsibility. And so the Torah was expanded orally to include many provisions to allow for and regulate the nullification of vows.
How did such a set of rules come about? The rabbinic tradition is very honest about this: “The concept of cancellation of vows floats in the air and has nothing solid upon which to base itself.” (mHagigah 1:8) Our Sages marveled at the complete lack of scriptural support for this essential practice. Yet they embraced the authenticity of these rules as part of the Torah. So what is the real source of validity for these rules?
Perhaps we may find a clue in some of the details of the law. As the first comment of Rashi to our Torah portion explains, if one is filled with regret and wishes to annul a vow, one may go to a Sage, expert in these laws, who, after listening to the whole problem, can effect the nullification. But what if one cannot find such a sage? Then one may gather three simple Jews. And they can listen to one’s story and then offer an annulment. Those three simple Jews have the same authority as the sage! The sage’s authority is like the ancient authority of the father and the husband. They occupy positions of social power. The sage’s power derives from his extensive knowledge of and devotion to the Torah. But what is the source of authority for those three simple Jews? There is no requirement that they be especially knowledgeable or pious. Rather, their power precisely stems from their being simple people, capable of listening empathetically to another human being! That interpersonal empathy, just as much as extensive scholarly attainments, is the authoritative basis for creating mechanisms that gave greater freedom to the men who struggled to honorably escape their own failings.
It is that same interpersonal empathy that gives authority and power to our further developments of the law, so that we may extend this respect to women and all who were previously disenfranchised.
Shabbat Shalom
Rabbi David Greenstein
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image: “silhouette” © D.L. altered and used with permission via Creative Commons License
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