Ask Chaviva Anything: How Can I Get a Heter To Stop Having Kids in Judaism?

I received an interesting Ask Chaviva Anything submission in September that has been on my mind since it popped into my inbox. I've been tossing around how to answer it for ages and I'm still not 100% positive that I know how to answer it but I feel like I have to try. 

Here's the question:

How did you manage to get a heter (Rabbinic permission) to stop having children after only 3? I'm a convert to orthodox Judaism too and even after 6 kids I can't get a break. Sorry if it's too personal a question, you obviously don't have to answer.

So, before I can answer this question, let's talk a bit about the commandment (mitzvah) to have children in Judaism. The origin of this mitzvah comes from two verses in Torah:

"And G‑d created man in His image; in the image of G‑d He created him; male and female He created them. And G‑d blessed them, and G‑d said to them, "Be fruitful and multiply and fill the earth and subdue it, and rule over the fish of the sea and over the fowl of the sky and over all the beasts that tread upon the earth." (Bereishit/Genesis 1:27-28) 

Later on, after the flood when everyone leaves the Ark, the Torah says:

“And you, be fruitful and multiply (known as periya u-rviya); swarm upon the earth and multiply thereon.” (Bereishit/Genesis 9:7)

There are many discussions around why this mitzvah is repeated, but we won't get into that here. In the Talmud, there are deep discussions around the age of marriage and when the mitzvah to procreate should be fulfilled, but we also won't get into that here. Interestingly, the commandment to bear children only applies to men, not to women, but without a woman, it's a bit of a non-starter so we also won't get into that here. 

Let's look at the requirements around the volume of children a Jew is obligated to have according to the Talmud. 

In the Mishnah (aka the Oral Torah), there are two opinions coming from the houses of Beit Shammai and Beit Hillel. Those who are familiar will note that we typically hold by the rulings of Beit Hillel, but not always. In this discussion in Mishnah Yevamot 61b, Beit Shammai says that one is required to bear two male children, and Beit Hillel says one is required to bear one male child and one female child.

In Shulchan Aruch Even Hoezer 1:5, Beit Hillel's approach wins the day. If you've had one male and one female child, you've fulfilled the Biblical command to procreate. Mazal tov!

So why are there people who don't stop at two or have a dozen kids of all genders anyway? This originates in rabbinic texts and understandings, particularly la-erev, which means to continue having kids even after you've hit your Biblical requirement. It originates in this verse

“In the morning sow your seed, and in the evening [la-erev] do not desist.” (Ecclesiastes 11:6)

Although some rabbinic authorities say that la-erev is obligatory, others do not see it as a strict requirement. 

Ultimately, although Jewish law strongly encourages large families, contraception is permitted! In fact, it's even required in certain situations. There are many instances in which birth control is permitted. The founding rabbinic adviser of Nishmat, for example, ruled the following:

Rav Henkin z”l generally permitted a couple that had already fulfilled the mitzvah of piryah v’rivyah (the Torah commandment to be fruitful and multiply) and had compelling reasons not to have more children (e.g., concerns about the woman’s health, finances, or shalom bayit), to practice contraception indefinitely. (B’nei Banim II:38)

So, it's important to do two things:

• Study the halachot (laws) with your spouse so you know what the reality is
• Speak with a rabbi you trust who understands you, your family dynamic, and your needs

Obviously, you can't shop around for a rabbi who will tell you what you want, but not all rabbis are deeply knowledgeable on every single aspect of the laws of family and family planning. It's crucial to find a rabbi who knows the laws inside and out and that will truly listen to your needs. 

If the problem is with your spouse (i.e., you want to stop having kids for whatever reason and your spouse refuses), then you need to have some very hard conversations with a rabbi and perhaps a therapist you trust to work through those. 

Thus we arrive back at the original question. My answer? I didn't get a heter to stop having kids. I had a boy and then a girl and my third child was the bonus! You don't need to get a heter to stop having kids. Ultimately the decision is between you, your spouse, and HaShem. For us, it was an issue of shalom bayit and finances. 

I'm sorry you're feeling trapped and like you have to keep having kids despite being done having children. You can gain guidance and advice from your rabbi, but if you're being told you must keep having kids, then I advise you to seek guidance from someone you trust or to reach out to Nishmat for help. 

Do you have a question for me about Judaism? Life in Israel? Something else? Submit it to Ask Chaviva Anything! Also, don't forget to follow me on Instagram, where I am much more active these days!

Ask Chaviva Anything: Women of the Wall

ANNOUNCEMENT: I am super stoked to say that there will be a Mr. T video coming up in the next few weeks. Brace yourselves for the awesomeness that is my husband. Stay tuned to the YouTube channel and/or here for the video. If you have questions for Mr. T, feel free to ask them in the comments of this post and/or on Ask Chaviva Anything!

And now ... back to your regularly scheduled post ...

I had a question on Ask Chaviva Anything about my thoughts on "Women of the Wall," so I thought I'd go ahead and address it since, for now, the insanity surrounding the group has died down a bit. Although the next time Rosh Chodesh rolls around it will be one more big giant display of Chillul HaShem from both sides of the issue down at the Kotel, which I find hugely disappointing and a shame for Judaism.

Women of the Wall is an organization that has been around since the late 1980s in Israel but only in the past few years has the group come under increased scrutiny after throwing themselves at the media like a 12-year-old girl at a Justin Bieber concert. According to their website, their main goal is

to achieve the right, as women, to wear prayer shawls, pray and read from the Torah collectively and out loud at the Western Wall (Kotel) in Jerusalem, Israel.

As my understanding of the group goes, the group struggled for the ability to do this in legal battles up until 2003, when the group was granted the right to hold their services at Robinson's Arch. In 2009 a complaint was filed and the insanity broke out again, and over the past few years Anat Hoffman and the WoW crew have taken their plight to new media levels. On the WoW website, it says that Anat has dedicated her life to "the Jewish principle of tikkun olam, which literally means repairing the world." But seriously, is what WoW doing repairing the world? At all? In any way shape or form? 

I believe in the right for any person -- Jewish or not -- to express themselves and their religious beliefs in a manner that does not bring physical or emotional harm on others, in a manner that follows a standard of basic human rights, but that also is conscious of the responsibility of one human being on another human being for respect. 

(Also: I have to say that wearing a prayer shawl or tefillin or a kippah or anything like that has never appealed to me, even when I was a Reform Jew being called up for aliyot regularly. I'm a firm believer that equality is a misunderstood concept. Men are not women and women are not men. If men and women could be perfectly equal in the eyes of HaShem or Judaism or any religion, then there would only be one human and that human would be sexless and genderless and everyone would look exactly the same. Unfortunately, that's just not how we were created.)

Do I think that Women of the Wall meet that perspective? Not really, no. Do I think that the violent Haredi mobs that attack WoW meet that perspective? Definitely not. Do I support either side? No, I don't. 

Basically I think both sides are screwing up royally, and, in the process, are making the ritual side of Jewish life look like a joke and making the kotel look like a pagan shrine rather than what it is -- a retaining wall from the time of the fall of the Second Temple. Yes, it's an important site, but good lord we've turned the Kotel into the last thing on earth it was meant to be. We're treating it as if the wall itself holds the shechinah, the dwelling place of HaShem. And if that's how people on both sides of the aisle want to see the Kotel, then I think Judaism has a major, major problem. 

If the Women of the Wall really wanted to do themselves, Judaism, and ritual a favor, they'd go into the Kotel tunnels and hold their service at the space closest to the Holy of Holies. Call me crazy, but it seems to make a whole lot more sense. 

Also, as an aside, I think that their choice of name is just ... sigh ... unfortunate. Historically, women of the wall were prostitutes. Rachav, in the book of Joshua, was a woman of the wall. Prostitutes worked in the city's walls because they would catch travelers going in and out of the city and because for dignitaries it was far enough away from their homes that no one would traverse the seedy area looking for them. 

I know I'm opening myself up for criticism here, and I'm willing to take it. I believe we all connect to HaShem in our own way, in our own time, and I support everyone's right to connect or not connect. For me, what is most important is owning -- 110 percent -- where you are, defining yourself by what you believe and who you are as opposed to what you are not. I think that one of the problems with the Women of the Wall and a lot of very liberal organizations is that they devote themselves to not being Orthodox, to not separating men and women, to not keeping kosher, to not doing this and that. 

It's easy to define ourselves by what we aren't. It's a lot harder to define yourself by who you are, what you believe, and to own it.