Q&A: Women and Children
Women and Children
Question
The Rabbi writes in his third book about women’s rights and their obligations under Jewish law. He says there that even if women in general are not suited to a certain role, there is no reason to forbid it to them, because there are some who are suited to it.
Can one make the same claim about children? Children in general are not suited, but there are some who are. According to the Rabbi, could that be a reason to permit or obligate children in certain matters halakhically?
Answer
If age were only a sign and not the reason, then certainly yes. But it is generally accepted in Jewish law that the exemption of children does not depend on their emotional and mental maturity. If you want to challenge that, it is a completely legitimate argument that requires discussion.
Beyond that, regarding women I am speaking about something that Jewish law does not forbid them to do, but that it is simply not customary to let them do. But where there is an actual prohibition, one must discuss its parameters, and likewise here.
Discussion on Answer
I explained that regarding women, the questions are not halakhic. Whether to study Torah or not is a matter of policy, not Jewish law. As for positive commandments that are time-bound, that really is a different situation and must be discussed on its own terms.
It’s obvious that there are children who have abilities and function like adults, and even so Jewish law makes a generalization here and does not obligate them in certain things, and also does not give them full halakhic rights. The question is what the difference is between the cases, such that with women this calls for change and with children it does not. It seems pretty clear to me that the laws regarding children should stay the same; the question is about women. (And regardless, if one says so easily that the Jewish law should be changed regarding women because not all of them are uninvolved, then the same should apply to children as well. For some reason that sounds less plausible to me.)