Halaḥa and Gender

Minyon counting and gender

Some parts of the service require a minyon, i.e. 10 or more Jews who are obligated in time-bound mitsves (traditionally exclusively cis men). Traditionally, Jewish men are obligated in—and Jewish women and other non-men are generally exempt from—the positive time-bound mitsves: reciting the Shema, wrapping tefilin, wearing tsitsit, counting the Ōmer, hearing shōfar, taking lulav, and dwelling in the sukka. This is a short list but has big implications for mixed-gender ritual spaces where level of obligation determines who can discharge others' obligations (e.g. by reciting a blessing on behalf of the group).

As trans Jews we are interested in problematizing the halaḥik category of "man" without flattening gender into a single "human experience". We are not gender abolitionists: we are gender maximalists.

After consulting several orthodox Rabbis who understand gender theory, our understanding is that people count in the minyon if they are obligated in the positive time-bound mitsves and anyone can be yotsei (have their obligations fulfilled by) them. Gender and obligation are related but not necessarily directly linked. Trans Jews receive differing heterim from their rabonim concerning their obligation and inclusion in a minyon. We are not qualified to give an opinion on whether or not you count. That said, we offer a framework which reflects our understanding:

• Men (trans and cis) may count because they are obligated in the relevant mitsves on the basis of being Jewish men.
• Non-binary trans mascs may count if they obligate themselves by taking on the halaḥik role of "man" in Jewish life.
• Trans women and some non-binary people may count if they still consider themselves obligated in positive time-bound mitsves on the basis that their previous obligation—if they feel they had one—does not go away.
• Women (trans and cis) and some non-binary people may not count in the minyon because even if they obligate themselves in the positive time-bound mitsves through regular practice, their level of halaḥik obligation is not the same as men's and therefore men cannot fulfill their own obligations through them.
• Genderfluid people who are sometimes men might count when they are men, and might not count when they are not.

Of course, we use the terms "men", "women", and "cis" loosely. Gender is emergent and partly defined by behavior in social settings. Arguably, a man who wishes to opt out of his obligation is, in the context of Jewish ritual spaces, expressing a transfeminine desire. Likewise, a woman could adopt a transmasculine positioning by taking on time-bound mitsves. As you can see, there are contradictions and several plausible options for any given person. It is up to you and your Rabbi to determine your halaḥik level of obligation status.

We use an opt-in system for counting in the minyon and we adhere to the principle of trusting other Jews. To facilitate this, we use a magnet board. If someone counts in the minyon, they add a magnet to the board. This method ensures anonymity and allows us to avoid the prohibition against counting Jews directly. There is absolutely no policing who counts in the minyon.

Who counts as a Jew?

Different traditions have different answers about who is a Jew. Orthodoxy holds that only converts and children born to a Jewish mother (or birthing parent) are Jewish: this is usually referred to as being halaḥikally Jewish. Other traditions recognize all children raised in a Jewish household as Jews, requiring those not raised Jewish to convert even if their birthing parent is Jewish. We recognize patrilineal Jews and other Jews from non-halaḥik backgrounds as intrinsically Jewish and part of our community.

We are not in the position to determine whether or not you count. Further, we lament the difficulty in accessing orthodox conversions, especially for queer people. If you are interested in an orthodox conversion, please reach out! There are resources we can connect you to.

Whatever your halaḥik status, we welcome you, your family, and your friends. It should go without saying that, but we warmly welcome prospective converts.

The meḥitse

Our priority is enabling everyone to participate fully and in alignment with their gender(s) while remaining oriented toward halaḥa and homosocial davening. There is not necessarily any connection between whether you count in the minyon and where you sit.

"Gender is the poetry each of us makes out of the language we are taught."

—Leslie Feinberg, butch trans Jew and revolutionary communist

The meḥitse is designed to foster emergent gender affinity: congregants may sit on whichever side they want, including in front of or behind it. You can switch sides and move the meḥitse itself (it has wheels). The iker (essence) is to have fun with it!

Nothing is more important to us than the safety and well-being of trans people in our community, and we recognize the significant and potentially deadly harm that can arise from policing gender. Therefore, there is absolutely no enforcement regarding seating arrangements.