The  Basur  IS  Asur

                   Can a Woman Be a Shochet?

by Shoshana Adler and Atara Lindenbaum

The halachot, laws, of shchita are not listed at all in Tanach. Shchita is mentioned, but the specific rules are considered “halacha liMoshe miSinai,” rules that Moshe received on Har Sinai but have been passed down orally to the Jewish people. The halachot are known today through mesorah and the Torah Shebbaal Peh.

            There are two different types of meat in halacha. There is meat called “bassar kadshin,” meat that is set aside for a korban in the Beit Hamikdash or the Mishkan. There is also “bassar chullin,” meat that is for a simple everyday meal. Only after Bnei Yisrael occupied Eretz Yisrael were they permitted to enjoy bassar chullin, but only after the animal was properly shechted. 

            In order for someone to become a shochet, one must learn the halachot of shchita well, and also be very adept with their hands so that the shchita is done in the proper way. The cutting must be done in an exact way, or else the meat cannot be considered kosher. For example, there is a concept called shehiya, that even the slightest delay in the motion of the hand would make the meat unacceptable to eat. Additionally, the animal must be cut in the exact space on its’ neck, or else the animal is assur.

            It is especially important to discover if a woman can perform shchita because it is known that if a mumar, someone who is rebellious against Halacha cannot perform shchita. If a mumar does shecht an animal, and does so following all the rules of Halacha, the meat is still considered assur and may not be eaten by a Jew.   

In Gemara Zevachim (               ) it discusses who is considered posel to do an avodah. There are four steps to the avodah. There is shchita, the slaughtering, Kabalat hadam; the gathering of the blood, holechet hadam, walking with the blood from the place it was shechted to the mizbayach, and zrikat hadam, the sprinkling of the blood.

            There are four types of people who are not allowed to perform the last three steps of the avodah, but are permitted to do the shchita. These four people are a woman, a slave, a zar  (a non Kohen or Levi), and a tamay (an impure person). These people could even do shchita for the kodshei kodashim, which is the most holy karbon, such as the chatat or the olah. For an impure person, the shchita is only permitted bidieved, since we are afraid that their hand might touch the meat making the whole karbon impure. For the other three people, the shchita is allowed lichatchila, since there is no issue of impurity.

            In Gemara Chullin (               ) there is a discussion about which people can perform shchita. The Gemara first quotes the Mishna which says that “                            ”

all may slaughter and there slaughtering is valid, except for someone who is deaf, a shoteh (crazy person), or a child. If another person is watching them, then the Mishna says it is okay for these people to perform shchita.

            The Gemara then asks, why does the Mishna first imply that everybody can be a shochet in the first place by saying “hakol shochtin”, and then seems to contradict itself by hinting that the shoteh, deaf and the child is only bidieved? After a lengthy discussion Rabbah Bar Ulla finally solves the question. He explains it by saying that the Mishna means to say that everyone may shecht, but a tamay can only shecht for chullin (not for a karbon). The Gemara in Zevachim expands on this, as it is mentioned above.

            The Gemara does not discuss whether a woman can be a shochet. Tosfot on this Gemara does discuss this issue. Tosfot first quotes Hilchot Eretz Yisrael, which says that a woman should not be a shochet, since “                     ” they may faint at the sight of blood. Tosfot rejects this answer and says that women are permitted to shecht lichatchila.

            The Pnai Yehoshua discusses the Tosfot. He says that he is able to understand where the Hilchot Eretz Yisrael is coming from, when it states that woman cannot shecht. Since their minds are weak, they cannot be relied on to inspect the knife, which is a very big chore. In the Tannaic and Ammoraic period all shochtim sent their knives to the chachamim to be inspected, since even men shochtim could not be trusted to inspect their knives. In that case woman would be allowed to be a shochet since the inspection of the knife is not an issue. As time went on, shochtim were trusted to inspect their knives themselves, and therefore the inspection of the knives for woman became an issue once again. It seems according to this that women are not allowed to shecht.

            The Pnai Yehoshua then presents another way of looking at this issue. The reason why a woman is thought not to be trusted with bedikat hasakin is because it is considered to be a tircha (big burden) with which women are not usually trusted. But the Maharshal, Rav Shlomo Luria, in Yam Shel Shlomo proposes that bidikat hasakin is not considered a tircha, therefore permitting women to shecht.

            In Tosfot HaRash, Rav Yaakov Ben Asher discuses the phrase in the mishna, “Hakol shochtin.” The Mishna does not specify whether “hakol,” which means all, applies only to men, or to women as well. In a different Mishna when Mamirin are discussed, which are the halachot of changing an animal for a korban, the Mishna uses this type of language again and writes, “Hakol Mamirin.” There the Mishna does specify that this applies to women as well. The reason the Mishna must include that point is because when the Chumash discusses the laws of mamirin, the halachot are all written in zachar, referring to men. With shchita, the Rosh says, it is clear that women may shecht because of the Gemara in Zevachim. Even though in Hilchot Eretz Yisrael it says that women may not shecht lichatchila, only if they need to, the Rosh suggests that the chacham who wrote this sefer was machmir on many halachot, and we do not follow many of his chumrot today. 

           The Rambam in Hilchot Shchita (              ) says anyone who knows the halachot of shchita and at first performs shchita in front of a chacham until he becomes used to it is considered a mumcheh, an expert, in shchita. Anyone who is considered a mumcheh may shecht lichatchila by themselves, without a chacham. The Rambam makes sure to add that a mumcheh includes women and slaves, and they would be on the same level as a man. Many of the commentaries on the Rambam, such as the Radbaz, Haghat Maymanot,  and the Maggid Mishna, bring down the opinion of the Hilchot Eretz Yisrael, that women should not shecht, but in the end, all reject that psak. In the Mekorot Vitziyunim on the Rambam, an interesting proof from tanach is brought down. In Shmuel Aleph, perek kaf chet, King  Shaul wants reassurance from Hashem before he fights against the Plishtim. When Hashem chooses not to answer to Shaul, Shaul decides to disguise himself and meet with a baalat ov, whom would enable Shaul to speak with Shmuel. When Shaul is about to leave, the baalat ov prepares food for Shaul and his men. In pasuk kaf chet, the Navi writes that the woman took a cow, "vatizbacheyhu," shechted the calf, served it to the men, and the men ate the meal. No classic "mikraat gidolot" mifurshim even ask the question of whether it is mutar for the baalot ov to perform shechita.                                               

 The Shulchan Aruch in Yoreh Dayah (         ) says that everyone is able to shecht lichatchila, even a woman. The Rama states that it is permitted for women to shecht  but it is not our minhag, and therefore it should not be done. The Shach comments on the Rama, and says the reason why it is not the minhag is because it is never seen, but that is not a reason for women not to shecht. Therefore the Shach holds that it is totally mutar for a woman to be a shochet.

                              Can a Woman be a Mashgiach?

            Rav Moshe Feinstein z’’tl discusses this issue in Iggrot Moshe.  Rav Moshe presents a case of a woman who was married to a mashgiach, but unfortunately was widowed suddenly and had no way to support herself and her children. Her husband was a Talmud chacham, and she was a modest woman. She fears Hashem, and she is also smart and responsible. If her husband trusted her to be a “mashgiach” in their own kitchen, is she allowed to support her family by taking over her husband’s job and becoming a  mashgiach in various stores and factories?

            Rav Moshe is going to deal with two issues, while trying to resolve this case. First is the issue of neemanut- is a woman trustworthy enough to see to it that all halachot are being observed. Secondly, if it is okay for a woman to have this kind of a position.

             The Tosfot in the beginning of Mesechet Gittin says that women are considered to be trustworthy to be eidim in beit din for issurin, halachik cases. In Mesechat Psachim and Eiruvin it says that in the cases of bedikat chametz and tchumin, women can only be trusted in the hilchot derabanan and not deoraita. Tosfot gives reasons for why in these specific cases women are only trusted in the hilchot derabanan. Bedikat chametz is because it is considered a tircha, and the reason that she can not be trusted for tchumin is either because it is considered to be “                ,” or because this is considered to be an itchazaik issura- there is a big possibility that there will be an issur. Women are not neeman with issues of itchazaik issura.

            With the case of a woman being neeman for a hashgacha, it is considered bi yadah, since a woman would not want to be responsible to feed people treif food. Even if she is checking in a store with the owners are not necessarily trustworthy with kashrut, and there might be a worry that the workers might get forceful if she needs to correct what they are doing to make it kosher, this is not the expected circumstance and therefore it is not considered itchazaik issura. Rav Moshe answers his first question of neemanut by saying that there is no problem whatsoever.

            The Rambam in Hilchot Malachim (                   ) says that any “                 ” –appointment in Yisrael has to be a man. The only source for this is that the king of Bnai Yisrael can only be a man. The Rambam probably comes to this conclusion because it is learned from the halacha that the king of Bnai Yisrael has to be a Jew that all appointments in Yisrael must also be Jewish. The Rambam assumes that this application can also be used in the question of whether a woman can hold a position or not. Since there can only be a king and not a queen of Bnai Yisrael, so too women cannot have positions of missimut.

Rav Moshe says that a Mashgiach  is considered an appointment like the Rambam is talking about. The reason is that in Mesechet Kedushin, there is a discussion about someone who is appointed to be in charge of the measurements and Rashi explains this is an appointment, missimut,  just like a mashgiach for kashrut is considered.

When is someone considered an appointment, and when is someone considered just a worker? It is not based on how important the work is thought to be. If the person needs to answer to their employer then they are considered a worker. With a mashgiach they do not have to answer to an employer, rather the Baal Habayit must listen to the Mashgiach. A Mashgiach is considered to be a position of missimut, and therefore according to the Rambam this is not a job that may be held by a woman.

Not everyone agrees with the Rambam. For example, the Sefer Hachinuch discusses the halachah of who can be appointed to be in charge of a yirusha. The head of a yirusha is considered to be a position of missimut, and the Chinuch specifically says that the rules of melech to not apply. Therefore, a woman can be the head of a yirusha, as well as other appointments according to the Chinuch. Rav Moshe also says that Rashi, Tosfot, the Rash, Ramban, and the Ran all disagree with the Rambam as well. Rav Moshe then says that even though according to most it is mutar for a woman to be a mashgiach, there still is the opinion of the Rambam, and it is always preferable to be yotzei al daaot- to keep to every opinion. Therefore it should only be applied to a woman in needy circumstances, and this would be the only way for her to support her family.

Rav Feinstein suggests that perhaps in some cases hashgacha is not an appointment, and hence even according to the Rambam a woman can be a Mashgiach. If the woman is hired by a Rav and is therefore considered to be an employee of the Rav, then she is not considered to be in a position of missimut. The Baal Habayit has to answer to the Rav and not to the Mashgiach. The people who are buying from the store also trust the Rav, who trusts the Mashgiach to do the job correctly. For example today when a food product has a hashgacha of the OU or the Chaf K, it is permissible for a woman to be the one checking.

Although proved mutar, is it possible that there is a woman checking in on the kashrut of local restaurants and stores? When Rabbi Bruckheimer had a head position at the RCBC (Rabbinical Council of Bergen County), he would sometimes have the job of travelling to various hotels and vacation spots to make sure that all the food served was kosher. He would bring his whole family, which consisted of men and women, and they would all be put to work acting as mashgichim in the kitchens.

Mrs. Leah Silver, Rabbi Bruckheimer’s daughter, said that they learned various halachot, would be given a list of things to look out for, and then her, her sisters and mother would go to the kitchens to do their jobs. After all, a woman is the “mashgicha” of her own kitchen, so the basic rules of how to keep a kosher kitchen were quite familiar to them. Also, the mashgiach’s job is just to check to make sure that everything is running well, but if any complicated case arises, then any mashgiach would consult the head of the kashrut agency that he is working for.

After various “vacations” like these, Mrs. Silver applied to be a mashgicha at a local Chinese restaurant. She did not get the job, for social reasons only. The owner of the restaurant was concerned that if some customers would see a woman as the mashgicha, they may choose not to eat at the restaurant. Hiring a mashgica might affect the business of a restaurant.

Mrs. Silver still acted as a mashgicha in her own shul during kiddushim. The people in her own shul knew her, and that she could be trusted to make sure that the workers were al following the proper halachot.

            Mrs. Silver said that although this was frustrating, she understands why a mashgicha is unwanted from a business point of view. Her own father, while he worked at the RCBC, would not hire mashgichot for the same reason. It is ironic though, that a woman’s forte is the kitchen usually, and is trusted by every kind of Jew to keep a kosher kitchen, but it would make some people uncomfortable if a woman was acting as a mashgicha in someone else’s kitchen.