I take issue with Rabbi Goldberg’s her parents. Later he says:
Letters
But the essence of our exhibit—
negative view of women who use the which Rabbi Goldberg does not even To lump together a lesbian and a
mikvah for personal reasons, because the acknowledge—is the women them- woman who uses the mikvah for taharat
[above-mentioned] rav told me to take selves, the participants in the project as hamishpachah is to eviscerate halachah,
this unmarried woman to the mikvah well as viewers across the country. to render utterly remote the essential,
(stipulating that she not pronounce a Mikvah immersion has had a deeply indispensable distinction between the
blessing). He asked that she think about religious impact on all of our subjects. permitted and the forbidden.
making a commitment to further her And after attending the program, That the woman is a lesbian is a fact
Jewish observance. She did so, and kept women in cities across the country, not of our making. But she went to
her promise to herself and to God. The often wearing wigs and long skirts, the mikvah as an act of prayer. Her
immersion was an emotional and pow- have approached us to say, “You have conclusion from her mikvah experi-
Thick Schach be able to see stars from within the fault of their own), mitzvos need to be erful event for her and for me as well. moved me. This is how I feel in a mik- ence was that God was in control of
sukkah. taught with patience, sensitivity, Rabbi Goldberg criticizes such non- vah. No one ever spoke out like this her life. This is a message for many
s Please consider an addendum Jonathan Wiesel respect and ahavas Yisrael (love for fel- halachic immersion for the sake of fur- before.” A number of women have viewers regardless of their orientation.
regarding the density of schach to the West Hempstead, New York low Jews) in order for them to be thering an individual’s commitment to sought out the mikvah for the first As far as our lumping together the
information-packed article by Rabbi understood and accepted with love. Jewish observance. But I saw how time after reading the testimonies in permitted and the forbidden, what was
Ari Zivotofsky (“What’s the Truth More on Mikvah Thank you, Rabbi Goldberg, for immersing in the mikvah helped this The Mikvah Project. forbidden about her immersion? We
about…Schach,” fall 2003). helping me rededicate myself to the woman to heal. Isn’t mental health a The mikvah has been opened up to were not focusing on the sexual prac-
1. The author cites the practice of s Thank you for publishing the holy task of teaching taharas hamish- prerequisite for halachic observance? the extended Jewish world as a tices of any of our subjects, only on
Rav Chaim Volozhin to use thick excellent critique by Rabbi Hillel pachah. Isn’t that why the mentally ill are women’s sanctum, a private and femi- their immersions.
schach that would enable him to sit in Goldberg (“A Critique of The Mikvah Esther Tauby exempt from much of Jewish law? nine holy space. Every one of our sub- It seems to me that Rabbi Goldberg
the sukkah even in light rain. It is sim- Project,” winter 2003). Richmond, British Columbia, The Mikvah Project is composed of jects saw the mikvah as a powerful is misrepresenting our project to sup-
ilarly reported that Rabbi Aharon I agree with Rabbi Goldberg that we Canada two sets of images. The first is a series place of prayer. When Rabbi Goldberg port his own agenda. An ounce of sen-
Kotler instructed that the schach be must have halachah as our basis. I of underwater photographs of simulat- trumpets the warning that “Today, we sitivity to the depth of devotion and
extra thick, although he did not speci- would like to add though, that with- Although Rabbi Hillel Goldberg ed (not actual) immersions, all excep- have the opposite extreme: the erro- feeling in the words of our subjects
fy rain-proofing as the reason. out a foundation of yiras Shamayim, apparently viewed The Mikvah Project tionally modest out of respect for the neous view that the mikvah is a cure- might have given him pause before he
2. The desire of leading rabbis to which is what I feel is lacking in The at The Mizel Center for Art and nature of the mikvah. The second is a all. A mikvah is to be used for any equated their mikvah usage to using
fulfill the mitzvah of sukkah even in a Mikvah Project, no endeavor can pro- Culture in Denver, he missed the defi- series of faceless “portraits” of women emotional need.…,” he demeans the tefillin straps to tie up a package, imply-
slight drizzle is evident from piskei duce long term and holy results. nition of our project, displayed at the from across the United States, whom women’s desire for holiness, reducing ing that the women who immerse in
halachah (halachic rulings) and rab- As a rebbetzin in a small Jewish entry. Our exhibit is a documentary. we interviewed about their mikvah it to “mere” emotional neediness, to this ancient pool—all seeking God—
binic practice. Rabbi Shlomo Zalman community, one of my responsibilities In his article, Rabbi Goldberg states: experiences and about their lives in the “weakness” of women. have a lack of respect for the integrity
Auerbach rules that during Chol is teaching taharas hamishpachah (fam- “The premise of The Mikvah Project is that context. Besides, haven’t rebbes for genera- of this awesome ritual. Rabbi Goldberg,
Hamoed one may sit under an ily purity laws). Over the past twenty- that a mikvah should be used in con- We conducted our project with great tions recommended mikvah immer- you have disappointed us all.
umbrella while in a sukkah, and there- two years of teaching these ancient junction with any personal need or sensitivity to halachah, in spite of sion for personal problems? Does Leah Lax
by fulfill the mitzvah despite the laws to women of various ages and emotional development.” But a docu- Rabbi Goldberg’s assertions. In several Rabbi Goldberg himself ever go to the Houston, Texas
inclemency (Halichot Shlomo 2, 8:20). backgrounds, I have found that what mentary has no premise, no “should.” Jewish communities, in deference to mikvah before Shacharit or Sabbath
It is reported that the Brisker Rav did works best is, what I call, “a double We do not have such a mission state- the local Orthodox contingency, pan- prayers or holidays, as has been cus- Rabbi Goldberg responds
just that when it rained on Chol hei approach”—halachah and ment. Whether or not Rabbi Goldberg els of Orthodox rabbis were consulted tomary among Jewish men for genera-
Hamoed. hashkafah. I believe both to be vital agrees with what women are doing, before the exhibit opened. tions? For a long time people have Leah Lax, curator of The Mikvah
3. Rabbi Zivotofsky cites the and inseparable when teaching these The Mikvah Project simply shows what Throughout, we have requested of used the mikvah for reasons not Project, criticizes me on seven grounds.
Yerushalmi’s ruling that stars must be mitzvos. is happening in mikvaot across the each local venue that the images be dis- addressed in the halachah. The com- 1. Agenda. I freely admit my agenda:
visible through the schach. Neither the During the hashkafah (the “whys”) United States today. It is time to take played in a closed gallery and that a mon thread in all of these extra- the integrity of halachah, and the
Yerushalmi nor any of the major com- part, we discuss the philosophical rea- notice. sign be posted stating, “This exhibit is halachic immersions is a desire for integrity of outreach (kiruv rechokim).
mentators provide a rationale or a sons behind the mitzvos, as well as During my many years as an designed for women,” out of respect holiness and spiritual health, the cen- The agenda that Ms. Lax does not
source for this opinion. Rabbi Yehuda their sacredness and beauty. We also Orthodox wife, I often took women to for halachically observant men for ter point of religious impetus. admit to having, but which her project
Kelemer offers the following sugges- discuss personal and historical exam- the mikvah. Once, I was approached by whom it would be inappropriate to Rabbi Goldberg shows serious irre- and letter make abundantly clear, is
tion: In Bereishit (15:5), the Torah ples; we look at the sacrifices women a survivor of incest who wanted to view the nude images. Interestingly, sponsibility when he states that “The the following: to popularize mikvah
records that God instructed Avraham made in times of war (such as in immerse. I refused to take her, telling her women do not see these pictures as sex- Mikvah Project describes a lesbian use beyond that which is halachically
to go outside in order to see and count Masada), and see how they risked their that mikvah observance was for married ual. The models appear contemplative using a mikvah as a celebration after required, and, accordingly, to distin-
the stars. From inside the house, one lives rather than not keep the laws of women; but she persisted. Ultimately, I and inner-focused. Rabbi Goldberg, publicly revealing her practices.” She guish between nudity and sexuality,
cannot see stars, implying that the cri- family purity. We also try to eradicate was touched by her desire to use the however, clearly sees them as sexual went, not as a “celebration after pub- and between a female’s immersion and
terion for being outside is the ability the misconceptions. Then we begin mikvah as a way of reconnecting with and concludes that the misguided licly revealing her practices” (these sexuality, and to claim that the project
to see stars. Thus, to satisfy the the halachos (the “hows”). God, and called a well-known Chassidic “need” to photograph naked women in words occur nowhere in our project), accurately reflects mikvah use across
halachic requirement to leave the For so many who weren’t raised with scholar who is deeply respected for his the mikvah is “related to the distortion but as a private and pained reach the United States.
house and dwell in a sukkah, one must a solid Jewish foundation (through no humanity and knowledge. of sex in the general society.” towards God after being rejected by 2. Abuse and non-halachic immer-
Summer 5764/2004 JEWISH ACTION JEWISH ACTION Summer 5764/2004
sions. On an individual basis—as 4. Non-sexual, inner-focused nudity. Lev. 11:36, 15:16, 22:6-7, in Torat of halachah. Holiness is not a person- that she lumped together the “per-
opposed to a public policy—a compe- Ms. Lax confuses the intentions of the Kohanim, tractate Mikvaot and Yoreh ally chosen framework; it is a relation- mitted”—a woman who uses a mik-
tent posek could permit an unmarried photographic subjects with the condi- Deah 201. Ms. Lax thinks that it is ship with God achieved through a vah for taharat hamishpachah—and
female survivor of sexual abuse to use tions that generate the responses of the good that she has “opened up” the Divine framework, including the hala- the “forbidden”—a lesbian who uses
a mikvah. This is not the issue. Rather, viewers. Her subjects may have been mikvah to the extended Jewish world. chot of mikvah construction and use. the mikvah—that there is nothing
given this one woman’s specific cir- contemplative and inner-focused, and I acknowledge that this is exactly what Since these halachot teach that, after forbidden about the latter’s immer-
cumstances, the issue is whether the filled with prayer. The genius of her project aspires to do. And I object. the destruction of the Temple, only sion. But if God made one a lesbian,
rav also permitted all non-halachic Judaism has been to require inner spir- Mikvah is for certain people, at certain the menstruating female is command- as Ms. Lax writes, why must she dis-
immersions, without need for inquiry itual reality to conform to outer times. Havdalah (separation) is essen- ed to use the mikvah, the requirements tinguish between the ritual object
into each specific case. Ms. Lax does behavior. Publicly displayed nudity in tial to the Torah. for, and limitations on, her use are that is primarily associated with
not indicate that this rav declared a photographs is a condition that must We should not confuse Ms. Lax’s stricter. This is a high privilege. Ms. intimacy and the intimate practices
public policy, yet she uses his decision be taken on its own terms, not on aspiration with reality. Where is her Lax does not understand this pivotal of the immerser? Ms. Lax wants to
to justify one. Did Ms. Lax ask this inner intentions. The idea that an proof that mikvah today is widely used point, as her exhibit homogenizes all validate homosexuality, and then
rav whether it was permissible to dis- inner intention, no matter how noble, by divorcees and others not practicing mikvah use. And even qualitatively deny that her exhibit does so. Is it,
play photos of naked women, includ- can trump public violations of taharat hamishpachah? We reach the lesser uses of a mikvah, such as by in fact, forbidden for a lesbian to
ing a lesbian, immersing for non- halachah—a public display of nudity; heart of Ms. Lax’s agenda: to paint a men, are mostly prescribed in immerse? She answers the question
halachic purposes? Did she consult her the equation of halachic and non- few exceptions as the rule, thus dero- halachah, and are not, as Ms. Lax in the negative, as if I had said oth-
Chassidic scholar selectively, using him halachic immersion—derives from the gating mikvah from its primary writes, a purely personal matter. erwise. My characterization of the
to justify her inclusion of a survivor of distortion of sex in the general society. halachic use, taharat hamishpachah, 7. Misquoting; misreading. I did lesbian concerned her intimate prac-
incest, but not conferring with him on If I am wrong, why was there no such and expanding mikvah for non- not quote Ms. Lax’s testimony about tices, which are forbidden. Anyone
her whole project? Nothing in her let- project a half-century ago? Ms. Lax’s halachic use. I challenge Ms. Lax to the lesbian. However, I ask anyone can immerse in a mikvah; its ritual
ter suggests that she sought or secured belief that public nudity is a fine way provide systematic evidence that mik- to view her photo, read the accom- fitness is not affected thereby.
approval by any posek, Chassidic or to teach the most modest practice in vaot across the country are now widely panying testimony and conclude Just because an immersion is not
otherwise, for The Mikvah Project. Judaism is distinctly contemporary, used in conformity with the photos in that the overall effect is anything forbidden does not mean it is com-
3. Modesty. It is a sad day if we must due to the breakdown of modesty in her exhibit. She writes of my belief in but a celebration of the woman’s manded or is wise. The Mikvah
resort to a distinction between pornog- society and the routinization of inde- the “‘mere’ emotional neediness” and practices. Also, her immersion could Project, to be charitable, does not
raphy, which these photos are not, and cent exposure. “‘weakness’ of women.” I invite the not have been a “private” reach reflect wisdom about the denigration
nudity, which these photos are, to 5. Impact on participants and viewers. reader to re-read my article and see toward God because she permitted of, and the teaching of, modesty in
teach Torah, including taharat hamish- The essence of this exhibit is not the whether I wrote or implied any such its public display. Nor, no matter today’s culture, about the halachic def-
pachah. Not only sad, but unnecessary. participants (see above, #4); it is the thing. how pained or prayerful this inition and purpose of a mikvah, par-
And not only unnecessary, but coun- exhibit’s conditions that confront the 6. Personal problems and preferences. I immerser was at the moment of her ticularly its integral link to intimacy,
terproductive. In my experience in viewers. If some viewers were inspired, am not aware of one rebbe who has immersion, could she teach viewers and about the distinction between
building and supervising mikvaot, the I am pleased. The religious quest is recommended mikvah immersion for that “God was in control of her individual cases and public policy in
most effective way to teach mikvah is unpredictable, and untoward realities personal problems on a level that life,” for the context of her teaching, halachah. JA
one-on-one, woman-to-woman—pri- have been known to trigger spiritual transforms or eclipses the halachic uses the characteristic of her prayer, was
vately. The most private mitzvah growth. Equally, one does not design a of a mikvah. Nor do I know of any her self-definition as a lesbian. This In a future issue, Jewish Action will
requires the most private teaching—the public policy that violates halachah as rebbe who has equated halachic and is a critical point. Let me be perfect- present alternative methods of mikvah
exact opposite of this photo exhibit of a method to teach Torah. non-halachic use of a mikvah, which is ly clear. I can say: “A basic way to outreach.
naked women. If so much sensitivity is Still more: Ms. Lax provides no evi- what The Mikvah Project does by pic- reach God is not to eat ham.” I can-
reflected in The Mikvah Project, as Ms. dence that her project promoted the turing, say, a divorcee alongside a mar- not validly say the same thing if,
Lax claims, why was it necessary to halachic observance of mikvah. She ried Jewish woman. After the destruc- while saying it, I am eating ham. I
consult rabbis after the project’s com- writes, “A number of women have tion of the Second Temple, the men- cannot teach that “God is in control
pletion? Modesty needs no consulta- sought out the mikvah for the first struating woman became the sole indi- of my life,” that is, “He made me a
tion. The Mikvah Project is the oppo- time after reading the testimonies in vidual whose halachic status is elevated lesbian,” while I am immersing in a
site of modesty. As to her request for a The Mikvah Project.” If she means to by mikvah use. When she is married, pool of water that, by careful defini-
closed gallery for the project: This is imply that the project stimulated the center point of the religious impe- tion and construction under
naive. At the Denver exhibit, I walked observance of taharat hamishpachah, tus of mikvah is she, and she alone. halachah, forbids this immerser’s
right in; (I had no idea what I was this is very misleading. These testi- Any spiritual benefit that accrues to intimate practices. Ms. Lax implicit-
heading for). I saw no sign. There were monies include all manner of immer- another mikvah user, male or female, ly concedes this by advancing the
several entrances. Were a sign promi- sions not for taharat hamishpachah. is qualitatively lower—a critical dis- spurious distinction between immer-
nently posted, it would have attracted, The essence of her exhibit, whose tinction that The Mikvah Project oblit- sion and sexuality. “We were not
not repelled, many boys and men agenda she won’t acknowledge, is that erates. So does Ms. Lax’s letter, with its focusing on the sexual practices of
today. There’s no way an immodest a mikvah immersion for any reason, vague references to “holiness” and any of our subjects, only on their
public exhibit—naked women—can be by any person, is good. This is a gross “spiritual health”—as if, for Jews, these immersions,” Ms. Lax writes—to
mounted modestly. distortion of what the Torah teaches in were secured outside of the framework defend herself against the charge