Fertility and Jewish Law: Feminist Perspectives on Orthodox Responsa Literature

Title Page, Frontispiece, Copyright, Dedication

fertility and jewish law brandeis series on gender, culture, religion, and law Lisa Fishbayn Jo√e and Sylvia Neil, Series Editors This series focuses on the conflict between women’s claims to gender equality and legal norms justified in terms of religious and cultural traditions. It seeks work that develops new theoretical tools for conceptualizing feminist projects for transforming the interpretation and justification of religious law, examines the interaction or application of civil law or remedies to gender issues in a religious context, and engages in analysis of conflicts over gender and culture/religion in a particular religious legal tradition, cultural community, or nation. Created under the auspices of the Hadassah-Brandeis Institute in conjunction with its Project on Gender, Culture, Religion, and the Law, this series emphasizes cross-cultural and interdisciplinary scholarship concerning Judaism, Islam, Christianity, and other religious traditions. For a complete list of books that are available in the series, visit www.upne.com Ronit Irshai, Fertility and Jewish Law: Feminist Perspectives on Orthodox Responsa Literature Janet Bennion, Polygamy in Primetime: Media, Gender, and Politics in Mormon Fundamentalism Jan Feldman, Citizenship, Faith, and Feminism: Jewish and Muslim Women Reclaim Their Rights hbi series on jewish women Shulamit Reinharz, General Editor Sylvia Barack Fishman, Associate Editor The HBI Series on Jewish Women, created by the HadassahBrandeis Institute, publishes a wide range of books by and about Jewish women in diverse contexts and time periods. Of interest to scholars and the educated public, the HBI Series on Jewish Women fills major gaps in Jewish Studies and in Women and Gender Studies as well as their intersection. The HBI Series on Jewish Women is supported by a generous gift from Dr. Laura S. Schor. For the complete list of books that are available in this series, please see www.upne.com Ronit Irshai, Fertility and Jewish Law: Feminist Perspectives on Orthodox Responsa Literature Elana Maryles Sztokman, The Men’s Section: Orthodox Jewish Men in an Egalitarian World Sharon Faye Koren, Forsaken: The Menstruant in Medieval Jewish Mysticism Sonja M. Hedgepeth and Rochelle G. Saidel, editors, Sexual Violence against Jewish Women during the Holocaust Julia R. Lieberman, editor, Sephardi Family Life in the Early Modern Diaspora Derek Rubin, editor, Promised Lands: New Jewish American Fiction on Longing and Belonging feminist perspectives on orthodox responsa literature Ronit Irshai translated by joel a. linsider Brandeis University Press Waltham, Massachusetts Brandeis University Press An imprint of University Press of New England www.upne.com ∫ 2012 Brandeis University All rights reserved Manufactured in the United States of America Designed by Mindy Basinger Hill Typeset in 11/14 Garamond Premier Pro by Keystone Typesetting, Inc. University Press of New England is a member of the Green Press Initiative. The paper used in this book meets their minimum requirement for recycled paper. For permission to reproduce any of the material in this book, contact Permissions, University Press of New England, One Court Street, Suite 250, Lebanon NH 03766; or visit www.upne.com Library of Congress Cataloging-in-Publication Data Irshai, Ronit. Fertility and Jewish law: feminist perspectives on Orthodox responsa literature / Ronit Irshai; translated by Joel A. Linsider.—1st. ed. p. cm.—(hbi series on Jewish women) Includes bibliographical references and index. isbn 978-1-61168-239-7 (cloth: alk. paper)— isbn 978-1-61168-240-3 (pbk.: alk. paper)— isbn 978-1-61168-241-0 (ebook) 1. Conception—Religious aspects—Judaism. 2. Abortion—Religious aspects—Judaism. 3. Jewish law. I. Linsider, Joel A. II. Title. bm538. c68i78 2012 296.3%662—dc23 2012007839 This book was published with the generous support of the Lucius N. Littauer Foundation. 5 4 3 2 1 To Professor Dafna Izraeli (z’’l) ...