PJC's Pride Shabbat is designed to be a public affirmation of our commitment to inclusion and support for people who define themselves as part of the LGZBBTQIA+ community.
Before we continue, let's try to better understand what we mean when we talk about people who identify as LGBTQIA+. As we review the definitions, let's note which terms describe gender and which terms describe sexual orientation.
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LGBTQIA – Lesbian, Gay, Bisexual, Transgender, Intersex, Queer and/or Questioning, and Asexual and/or Ally Lesbian – This term refers to a woman who is sexually and/or emotionally attracted to other women. Gay – This term refers to a man who is sexually and/or emotionally attracted to other men. Bisexual – This term refers to someone who is sexually and/or emotionally attracted to more than one gender. It refers to someone who is attracted to two or more genders out of the many gender identities. Transgender – Transgender is used to describe any person who has a gender identity that is different from the gender that they were assigned at birth. Queer – Queer is often used as an umbrella term referring to anyone who is not straight and not cisgender. Cisgender people are people whose gender identity and expression match the sex they were assigned at birth. Historically the term queer was used as a slur against LGBTQIA people, but in recent years it has been reclaimed by LGBTIQ communities. However, some LGBTIQA people still find the term offensive. Queer is also often used as a broad rejection of labels. In this context, this could be a rejection of any type of label, but most often refers to a rejection of labels for gender and sexual orientation. Questioning – This term refers to someone who is not sure how they identify. Someone can be questioning their sexual orientation and/or their gender identity. Intersex – This term refers to people who naturally have biological traits, such as hormonal levels or genitalia, that do not match what is typically identified as male or female. There are many different intersex variations. Being intersex is a naturally occurring trait in humans; it is not pathological. Being intersex is not linked to sexual orientation or gender identity; intersex people can have different sexual orientations and gender identities and expressions. Asexual – Often referred to as “Ace”, this is an umbrella term used for individuals who do not experience, or experience a low level, of sexual desire. This identity can include those who are interested in having romantic relationships, and those who are not. People of different sexual orientations and gender identities can be asexual. Ally – People who identify as cisgender and straight, and believe in social and legal equality for LGBTIQ+ people are allies. +-- Adding a “+” to the acronym is an acknowledgment that there are non-cisgender and non-straight identities that are not included in the acronym. This is a shorthand or umbrella term for all people who have a non-normative gender identity or sexual orientation. Source: OUTRIGHT ACTION INTERNATIONAL |
Based on the creation story, we tend to view Judaism as positing that there are only two genders, male and female. But the rabbis recognized that gender is a more complicated question. Let's look at a couple of sources that expand the idea of gender beyond male and female. How might the rabbis' comments on Genesis 1:27 change how we read this verse.
creating it in the image of God—
creating them male and female.
(א) וַיֹּאמֶר אֱלֹהִים נַעֲשֶׂה אָדָם בְּצַלְמֵנוּ כִּדְמוּתֵנוּ (בראשית א, כו), רַבִּי יוֹחָנָן פָּתַח (תהלים קלט, ה): אָחוֹר וָקֶדֶם צַרְתָּנִי וגו', אָמַר רַבִּי יוֹחָנָן אִם זָכָה אָדָם, אוֹכֵל שְׁנֵי עוֹלָמוֹת, שֶׁנֶּאֱמַר: אָחוֹר וָקֶדֶם צַרְתָּנִי, וְאִם לָאו הוּא בָּא לִתֵּן דִּין וְחֶשְׁבּוֹן, שֶׁנֶּאֱמַר (תהלים קלט, ה): וַתָּשֶׁת עָלַי כַּפֶּכָה. אָמַר רַבִּי יִרְמְיָה בֶּן אֶלְעָזָר בְּשָׁעָה שֶׁבָּרָא הַקָּדוֹשׁ בָּרוּךְ הוּא אֶת אָדָם הָרִאשׁוֹן, אַנְדְּרוֹגִינוֹס בְּרָאוֹ, הֲדָא הוּא דִכְתִיב (בראשית ה, ב): זָכָר וּנְקֵבָה בְּרָאָם. אָמַר רַבִּי שְׁמוּאֵל בַּר נַחְמָן, בְּשָׁעָה שֶׁבָּרָא הַקָּדוֹשׁ בָּרוּךְ הוּא אֶת אָדָם הָרִאשׁוֹן, דְּיוּ פַּרְצוּפִים בְּרָאוֹ, וְנִסְּרוֹ וַעֲשָׂאוֹ גַּבִּים, גַּב לְכָאן וְגַב לְכָאן. אֲתִיבוּן לֵיהּ וְהָכְתִיב (בראשית ב, כא): וַיִּקַּח אַחַת מִצַּלְעֹתָיו, אֲמַר לְהוֹן מִתְּרֵין סִטְרוֹהִי, הֵיךְ מָה דְאַתְּ אָמַר (שמות כו, כ): וּלְצֶלַע הַמִּשְׁכָּן, דִּמְתַרְגְּמִינַן וְלִסְטַר מַשְׁכְּנָא וגו'.
(1) (1) 'And E-lohim said 'let's make Adam in our image, as our likeness' (Gen. 1:26) - Rabbi Yochanan opened with 'You hedge me before and behind; You lay Your hand upon me' (Ps. 139:5) and rabbi Yochanan said: 'if Adam had merits, he eats two worlds, as it's written 'You formed me before/achor and behind/kedem', and if not, he comes to receive judgment and accounting, as its written 'You lay Your hand upon me'. Said R. Yirmiyah ben Elazar: In the hour when the Holy One created the first human, He created him [as] an androgyne [androginos], as it is said, “male and female He created them”. Said Rabbi Shmuel bar Nachman: In the hour when the Holy One created the first human, He created him double-faced [du-par’tsufin], and sawed him and made him backs, a back here and a back [t]here, as it is said, “Before/achor and behind/kedem You formed me” [Ps. 139:5]. They objected to him: But it says, “He took one of his ribs [tsale'otav]” [Gen. 2:21]! He said to them: [It means, one of] his sides [sit’rohi], just as you would say, “And for the side [tsela] of the Tabernacle [mishkan]” [Ex 26:20], which they translate [in Aramaic] “for the side [setar] of the mishkan”.
The rabbis clearly recognized that there are more than two genders. The best example is this Mishnah from Bikkurim.
- What criteria did the rabbis use to determine gender? Where do these examples fit on our list above?
- What kinds of gender expression are missing from the rabbis' list?
- How did they deal with the status of differently gendered people in Jewish law?
- What do you think of this approach?
(א) אַנְדְּרוֹגִינוֹס יֵשׁ בּוֹ דְּרָכִים שָׁוֶה לַאֲנָשִׁים, וְיֵשׁ בּוֹ דְּרָכִים שָׁוֶה לַנָּשִׁים, וְיֵשׁ בּוֹ דְּרָכִים שָׁוֶה לַאֲנָשִׁים וְנָשִׁים, וְיֵשׁ בּוֹ דְּרָכִים אֵינוֹ שָׁוֶה לֹא לַאֲנָשִׁים וְלֹא לַנָּשִׁים:
(ב) כֵּיצַד שָׁוֶה לַאֲנָשִׁים: מְטַמֵּא בְּלֹבֶן כַּאֲנָשִׁים, וְזוֹקֵק לְיִבּוּם כַּאֲנָשִׁים, וּמִתְעַטֵּף וּמִסְתַּפֵּר כַּאֲנָשִׁים, וְנוֹשֵׂא אֲבָל לֹא נִשָּׂא כַּאֲנָשִׁים, וְחַיָּב בְּכָל מִצְוֹת הָאֲמוּרוֹת בַּתּוֹרָה כַּאֲנָשִׁים:
(ג) כֵּיצַד שָׁוֶה לַנָּשִׁים: מְטַמֵּא בְּאֹדֶם כַּנָּשִׁים, וְאֵינוֹ מִתְיַחֵד עִם הָאֲנָשִׁים כַּנָּשִׁים, וְאֵינוֹ עוֹבֵר עַל "בַּל תַּקִּיף" וְלֹא עַל "בַּל תַּשְׁחִית" וְלֹא עַל "בַּל תְּטַמֵּא לַמֵּתִים" כַּנָּשִׁים, וּפָסוּל מִן הָעֵדוּת כַּנָּשִׁים, וְאֵינוֹ נִבְעַל בַּעֲבֵירָה כַּנָּשִׁים, וְנִפְסַל מִן הַכְּהֻנָּה כַּנָּשִׁים:
(ד) כֵּיצַד שָׁוֶה לַאֲנָשִׁים וְלַנָּשִׁים: חַיָּבִים עַל מַכָּתוֹ וְעַל קִלְלָתוֹ כַּאֲנָשִׁים וְכַנָּשִׁים, וְהַהוֹרְגוֹ שׁוֹגֵג גּוֹלֶה וּמֵזִיד נֶהֱרַג כַּאֲנָשִׁים וְנָשִׁים, וְיוֹשֶׁבֶת עָלָיו דָּם טָמֵא וְדָם טָהוֹר כַּאֲנָשִׁים וְכַנָּשִׁים, וְחוֹלֵק בְּקָדְשֵׁי קֳדָשִׁים כַּאֲנָשִׁים וְכַנָּשִׁים, וְנוֹחֵל לְכָל הַנְּחָלוֹת כַּאֲנָשִׁים וְכַנָּשִׁים, וְאִם אָמַר "הֲרֵינִי נָזִיר שֶׁזֶּה אִישׁ וְאִשָּׁה" הֲרֵי זֶה נָזִיר:
(ה) כֵּיצַד אֵינוֹ שָׁוֶה לֹא לַאֲנָשִׁים וְלֹא לַנָּשִׁים: אֵין חַיָּבִים לֹא עַל מַכָּתוֹ וְלֹא עַל קִלְלָתוֹ לֹא כַּאֲנָשִׁים וְלֹא כַּנָּשִׁים, וְאֵינוֹ נֶעֱרָךְ לֹא כַּאֲנָשִׁים וְלֹא כַּנָּשִׁים, וְאִם אָמַר "הֲרֵינִי נָזִיר שֶׁזֶּה לֹא אִישׁ וְלֹא אִשָּׁה" אֵינוֹ נָזִיר. רַבִּי מֵאִיר אוֹמֵר: אַנְדְּרוֹגִינוֹס בְּרִיָּה בִּפְנֵי עַצְמָהּ הוּא וְלֹא יָכְלוּ חֲכָמִים לְהַכְרִיעַ עָלָיו אִם הוּא אִישׁ אוֹ אִשָּׁה. אֲבָל טֻמְטוּם אֵינוֹ כֵּן, פְּעָמִים שֶׁהוּא אִישׁ פְּעָמִים שֶׁהוּא אִשָּׁה:
(1) The hermaphrodite is in some ways like men, and in other ways like women. In other ways he is like men and women, and in others he is like neither men nor women.
(2) In what ways is he like men?He causes impurity with white discharge, like men; He dresses like men; He can take a wife but not be taken as a wife, like men. [When he is born] his mother counts the blood of purification, like men; He may not be secluded with women, like men. He is not maintained with the daughters, like men; He transgresses the law of: “You shall not round” (Leviticus 19:2 and “You shall not defile for the dead,” (Leviticus 21:1) like men; And he must perform all the commandments of the Torah, like men.
(3) And in what ways is he like women?He causes impurity with red discharge, like women; And he must not be secluded with men, like women; And he doesn’t make his brother’s wife liable for yibbum (levirate marriage); And he does not share [in the inheritance] with the sons, like women; And he cannot eat most holy sacrifices, like women. At his birth his mother counts the blood of her impurity like [they do when they give birth to a] girl; And he is disqualified from being a witness, like women. If he had illicit intercourse, he is disqualified from eating terumah, like women.
(4) In what ways is he like both men and women?One who strikes him or curses him is liable, as in the case of men and women; One who unwittingly kills him must go into exile, and if on purpose, then [the slayer] receives the death penalty, as in the case of men and women. His mother must [at his birth] bring an offering, as in the case of men and women. He may eat holy things that are eaten outside of the Temple; And he may inherit any inheritance, as in the case of men and women.
(5) And in what is he different from both men and women? One does not burn terumah if it came into contact with his discharge, Neither is he liable for entering the temple while impure, unlike men or women. He must not be sold as a Hebrew slave, unlike men or women. He cannot be evaluated, unlike men or women. If one says: “I will be a nazirite, if he is neither a man nor a woman,” then he becomes a nazirite. Rabbi Yose says: the hermaphrodite is a unique creature, and the sages could not decide about him. But this is not so with a tumtum (one of doubtful), for sometimes he is a man and sometimes he is a woman.
It is worth noting that at least one Hasidic thinker believed that a person could have a male soul but a female body or vice versa. What are the implications of this text for our understanding of trans people?
ספר רזין דאורייתא, בשם הרבי ר' מיכל מזלאטשוב
אולם הכוונה, דנודע אשר יצחק נולד בנשמת נוקבא, וכמו שכתב בעל אור החיים הק', ועל ידי העקדה היה לו נשמת דכר להשפיע... רק זאת נודע סדר הגלגולים. ולפעמים נקבה תסובב גבר כי בסבת הגלגול נשמת נקבה תבוא בזכר, כאשר י'תרעם ה'גלגל ו'יתרעש ה'חוזר לבוא בגלגול שני ושלישי. ואם נקבה אשר תסובב בגבר, שני נקבות אינם מולידים, רק עח ידי מעשי הטוב מחליפין הנשמה, וליצחק החליפו הנשמה. לפיכך לו ולא לה, כי יצחק היה צריך לאותו דבר ולא רבקה:
18th Century Hasidut
It is known that when Issac was born, he was born with the soul of a female, as it is written in Or Hachaim, and through the akeidah (binding of Issac) he got a male soul that can impregnate... But, this is known according to the Sod (Secret/Mysticism) of they cycling of souls - that at times, a female would be in a male body, because in the reasons of gilgal (the cycling of souls) the soul of a female would come to be in a male. ... that is why it says by Issac that the Eternal answered to him and not to her (Rebecca), because he needed divine help to be able to have children.
Translation by Abby Stein, edited by Joseph Meszler
The Rabbinical Assembly Law Committee recently announced a ruling regarding calling non-binary people to the Torah. We will take a look at some aspects of the ruling below. First, though, what challenges do you imagine the Law Committtee faced in trying to answer this question?
With that said, non-binary individuals attend our services and are part of our communities. As an initial step, it is time to ensure they are appropriately honored when called to the Torah.
Individuals often change their personal names to reflect their lived non-binary identities. Sometimes such a name and/or pronoun change will be made official—on a driver’s license, etc.—and sometimes not. Yet regardless of legal status, in community spaces and closer circles a person’s name is the marker of their selfhood. The Hebrew shem connotes not only nomenclature but essence - a person’s name is not only what they are called or known by but in some way conveys who they truly are. Thus, a name is unique and precious.
Furthermore, to be called to the Torah by one’s name is a sacred encounter—not only with the flow of our history but with each other. Our names are announced in public for the room to hear and for the community as a whole to witness our answering the call. We bring all of ourselves, all of the facets of our identity, past and present, to that moment.
When it comes to Hebrew usage for non-binary individuals, we run into the fact that Hebrew is a binary language. Ingenuity and inventiveness are required. What pronouns should the person use? Do they still consider ben or bat sufficient to reflect their gender, whether they have changed or retained their original Hebrew names? What Hebrew grammatical forms can be used that are not exclusively masculine or feminine? Some forms which appear to be masculine-plural may sometimes be neuter-plural (e.g., b’nei yisrael, yisraelim), but there is no singular neuter pronoun comparable to the English they/them/their when referring to an individual.
However, in seeking to expand the options in the conventional Torah service liturgy, we are not entirely dependent on umbrella concepts such as b’tzelem elohim or k’vod habriyot, important though those are. These writers consider that the specific etiquette of the Torah service is indeed addressed in our sources, and it is to these we now turn.
Rem"a: And in these [Ashkenazic] lands, this is not the custom, and a Hazzan should not go up [to read from the Torah] unless the assistant calls him up. However, he [the Hazzan] is not called up by his name like all the other olim who are called by their names, [in the form] "Ploni Bar Ploni."
Someone whose father is an apostate is called up by his father’s father’s name, and not with his name alone, in order to not shame him in public. [Terumat Hadeshen - siman 21 and 68]. And this is only when this person has never been called up to the Torah with his father's name; but if he is an adult and accustomed in that city to be called up by his father's name, and then his father became an apostate, he should be called up to the Torah by his father's name as they are accustomed to, in order to not to shame him in public. And so too, if there is a concern about the hostility of the apostate.9 [Maharam Padua - siman 87] [Regarding] an Assufi [someone who does not know the identity of his parents] and a Shtuki [someone who knows the identity of his mother but does not know the identity of his father], we call him by his mother's father's name, and if he doesn't know it, then we call him up with the name "[son of] Avraham", as [would be done for] a convert.
This passage indicates that calling up people to the Torah by name, while not mentioned in the Talmud, is a time-honored practice in the Ashkenazic world. It also notes that the name may be modified, in order to avoid embarrassment to the oleh (as, after all, the purpose of this practice in the first place is to avoid discord and embarrassment). In particular, the reference to a parent who is an apostate could be a source of embarrassment, leading to a preference for the use of the patronymic form but with the name of a grandparent.
The responsum of Maharam Padua10, to which the Rema refers, describes two brothers whose father had become an apostate, and the two brothers had refrained from taking an aliyah in the synagogue since that time because of how painful and embarrassing it would be to hear the announcement of their father’s name. Maharam Padua relies on the precedent of the Terumat Hadeshen, indicating that of course the brothers should be welcome to be called up for an aliyah but using a different patronymic (the name of their grandfather). He cites the Talmud’s injunction, נוח לו לאדם שיפיל עצמו לכבשן האש ואל ילבין פני חבירו ברבים - “It is better for one to throw oneself into a furnace rather than to embarrass a person in public.”
A welcoming prayer community offers honors in the Torah Service, such as an aliyah to the Torah or habgahah and gelilah, to a wide range of members as well as first-time guests, including of course non-binary members and guests.
This liturgy offers three gender variations: masculine, feminine, and neutral. It does not seek to create a single universal version for all honorees, because the aim is not to eliminate or flatten gender differences, but rather to lift up the diversity of human gender identities, using a manageable set of options. Those men and women who have long been accustomed to being called with forms such as “ya’amod” and “ta’amod” will continue to have that experience. Non-binary Jews are called with a third, gender-neutral option, which aims to be as continuous as possible with older forms in both content and sound. Other aspects of the ritual language are made uniform, where a reference to the honoree’s gender is not needed, or where the neuter-plural form may be employed, or where ease of use for the gabbai recommends a single text.
However, gabba’im are not able to visually assess honorees’ gender identities in order to decide which grammatical forms to use. A kind and patient community, in which people are still learning about the range of gender identities, allows people to make mistakes and be gently corrected. Even so, it is wise to avoid such situations in the Torah service, where efficiency and inclusivity should converge smoothly.
Our expectation is that gabba’im can learn the gender identities of regulars, as they have learned who may be called to the kohen or levi aliyot. Guests can be alerted to the three liturgical options by their hosts and friends. It is advisable for the congregation’s honor cards to include language such as, “You can be called up by one of three gender options: masculine, feminine, or neutral (non-binary). Please let the gabbai know how to call you up.” If necessary, a gabbai can discreetly ask an honoree how they would like to be called up.
1. Calling an honoree for an aliyah
three variations by gender for the call to stand; one uniform reference to the aliyah itself
יַעֲמֹד / תַעֲמֹד / נָא לַעֲמֹד
____ ]בֶּן / בַת / מִבֵית[ ____
... לַעֲלִיָה הַשְׁלִישִית .
... לַעֲלִיָה הָאַחֲרוֹנָה .
... לִקְׁרִיאַת הַהַפְׁטָרָה .
Let
____ [child of] ____ stand
… for the third aliyah.
… for the last (additional) aliyah.
… for the reading of the Haftarah.