Open the Mikveh During the Day

Vashti is a heroine of the Purim story because she chose not to expose her naked body to the Court despite the King’s requests. Unfortunately, she is put to death because of this. Esther, on the other hand, wins the King’s favor, survives and saves the entire Jewish people! The Purim story seems relevant to an analysis of the Washington D.C. mikvah case and to support the idea that the mikvah should stay open for women to immerse during the day.EMma Shulevitz

When my husband Jeffrey and I first heard about the arrest two weeks ago, we immediately started following the news, recognized the hidden camera device from the mikveh, and decided to go to the Washington D.C. courthouse to report our story to the prosecutors and witness the court proceedings. After we volunteered to speak to the media, our video and story appeared on television and in print. This brought us more fame than ever before. But, according to our local Orthodox rabbi, speaking to the media was not the right thing to do.

Because we publicly spoke out against Rabbi Freundel, and supported the allegations against him, we have been made to feel unwelcome in our Orthodox synagogue. The rabbi specifically told us not to speak about the allegations against Freundel, which he considered to be lashon hara. On Simchat Torah, the synagogue’s founder came over to me and silenced a discussion I was having with my husband, Jeffrey, and the rabbi of a retirement home about the violation. An October 20 statement by the Vaad Hakashrus of Greater Washington illustrates the hostility we feel directed at us. The statement essentially sides with the accused by invalidating testimony made by only one witness. However, my testimony was in addition to six other witnesses documented anonymously by the court. Despite the Vaad’s claim to reach out to potential victims, we have not heard one word of support or assistance from our affiliated synagogue’s rabbi who worked closely with Rabbi Freundel on halakhic matters.

How could we be quiet when leaders of the community seemed to side with a criminal? As the mikvah’s hidden camera likened us to a blindfolded Vashti, our rabbi preferred to be blind and deaf and to ignore our story. We had to leave the hostile environment. In contrast, the rabbi at the Conservative synagogue right next door delivered a supportive message on Shabbat Bereshit.

On Simchat Torah, we are supposed to dance and celebrate with the Torah. But, the Orthodox synagogue added salt to our wounds. No one tried to console us, we were told repeatedly to keep quiet and to try to enjoy the holiday and watch men dance with the Torah. But, ignorance is not bliss. Ignoring this most high-profile case, a hillul hashem, reinforced a problem within the community. Voluntary blindness or brushing warning signs under the rug may be why such a violation could have happened in the first place. The truth is black and white.

The Torah tells us to be God-like, taking guidance from the thirteen Divine attributes. God is all-seeing, but is not a voyeur. God is perfect. May we all learn to make good decisions by acting in God-like ways.

Changing leadership structures and setting up rabbinic oversight committees may remedy the problems of abuse of power, but there should also be changes to the mikvah itself. Typically, Orthodox mikvahs are only open to women at night, ostensibly to preserve the women’s privacy. In light of the recent mikvah violations, women’s privacy cannot be guaranteed in the morning or in the night, so only opening a mikvah at night to protect a woman’s privacy is ridiculous. Daytime hours may better protect women by encouraging them to speak up when something is not right. Daytime hours could remove the stumbling block from the blind.

The Orthodox mikvah is a protected, private place for women and converts. Only a woman’s husband needs to know when she immerses, converts rarely reveal that they converted, and it is halakhically permitted to lie in order to safeguard the privacy of one’s immersion in a mikvah. Encouraging women and converts to hide the powerful experience of immersing in a mikvah and distracting them with the additions of a spa-like atmosphere further encourages them to ignore supposedly minor details such as who else is at the mikvah, who is in charge of the mikvah, and whether there is any impropriety at the mikvah. Now more than ever, we must adapt the culture of secrecy and retreat surrounding the Orthodox mikvah. The mikvah can be a great place to reach higher emotional and spiritual levels, and the evening-only secretive spa-like atmosphere is unnecessary. Simplifying the mikvah and changing the opening hours to be more flexible are just steps in the direction of removing the stigma surrounding the mikvah.

In the Purim story, God is the elephant in the room. This Simchat Torah, the mikvah case was the elephant in the room. While Vashti lost her life and may have made the wrong choice by refusing to do the King’s bidding, both she and Esther acted out of free will. We can choose which mikvah to go to, but also whether to go to any mikvah at all.

Women need to speak up about mikvah, especially since it is one of the three mitzvot directly commanded of women. Women should not be embarrassed or silenced about using the mikvah. It is time to shed light on the mikvah, bring it out of the dark, and open the mikvah during daytime hours.

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