Misunderstandings in Tzniut

Jack Cohen

Introduction

Of late, and for the good, the topic of tzniut^[1] has been much discussed in Modern/Centrist Orthodox circles and media platforms. Much of this can no doubt be credited to the wonderful and wildly popular Reclaiming Dignity by Bracha Poliakoff and Rabbi Anthony Manning. The aim of the book, in general terms, is to provide a deeper and broader understanding of tzniut and the domains to which it applies.^[2]

Likewise, there has been much discussion centering on materialism and ostentation in the Jewish community and how this interplays with tzniut. Here we can reference, amongst other works, the perceptive article “Materialism and the Rise of Modern, Orthodoxy,”^[3] as well as essays, classes, and podcast appearances from Rabbi Jeremey Wieder on related topics.^[4]

Tzniut in the Torah and halakhah encompasses a collection of attitudes, behaviors, and practices. As such, it is natural to search for a conceptual common denominator to tie this collection together; a single root – the ‘core’ of tzniut. To bring a recent example from the aforementioned book: “The commentators explain tzniu[t] as [a] focus on privacy and internality” (6).

However, this raises the question as to why, on this understanding, the Torah and halakhah are aiming to inculcate a focus on privacy and internality. This question has not received enough attention. Indeed, it is frequently assumed that these are inherently valuable Torah goals, or that, in other words, the root of tzniut is identical to its source of value.^[5]

The contribution of this essay is to attempt a demonstration of the error of that assumption. It will be argued that the core root of tzniut is not in and of itself a value; rather, its value must be understood as it being in service of, and motivated by, greater goals. In other words, to consider modesty a Jewish value in and of itself would be a mistake. In fact, we will shortly see three different and distinct Torah values toward which those behaviors classified as tzniut aim.^[6]

Value, Aims, and Goals

Before we continue, we ought to clarify just exactly what it is that we mean by the term “value.” The assumption underlying this essay, as well as the misconception it is aiming to correct, is that the Torah has values and goals that it aims towards, and that we can work out what some of these might be. This is by no means an uncontroversial position. In the Jewish philosophical tradition there have been those who have argued that the Torah does not have aims and goals, and that it is merely the inscrutable will of the Almighty. There have also been those who have suggested that whilst there may be aims and goals that the Torah is working towards, knowing them is beyond the human ken.

Rambam adopts neither position, suggesting that the Torah has goals and that we can understand them.^[7] For example, the mitzvah to build a fence around a roof (Devarim 22:8) directly promotes safety, and one might infer from this that the Torah is interested in cultivating safety in society and reducing unnecessary dangers.^[8]

Further clarifying the issue, Rav Nahum Rabinovitch zt”l explains:

The purpose or goal of a mitzva[h] is necessarily broader than the mitzva[h] itself. Mitzvot must be defined by the precise ways in which they are violated or performed. However, the purpose of a mitzva[h] cannot be limited to a specific set of acts, and thus cannot be precisely defined in that manner. (Pathways to their Hearts)

Within this framework, the question is not whether tzniut has value; after all, it is certainly the focus of aspects of the Torah and halakhah! The question is whether this value is an aim in and of itself, or whether it is instrumental—in other words, valued because it is in service of larger aims and values which the Torah points towards. This would make it a means and not an end.

We have already noted that the former is often tacitly assumed to be true, but this essay will argue for the latter by giving examples of where tzniut is clearly of value because it is a means or instrument to a greater aim of the Torah.

Tzniut and the Divine Presence

We start with the first goal to which tzniut is clearly a means: responding to and inculcating an awareness of the Presence of God.

The Divine Presence, when properly acknowledged, demands of us to behave in a respectful and dignified manner in order to, on the one hand, keep our most base needs and drives private,^[9] and, on the other, to keep our egos in check, appreciating our lowly stature in comparison to the King of Kings.

Rambam expresses this concept with great clarity and beauty in his Guide (III 52):

A person’s sitting, moving, and behaving when alone at home is not the same as when they are in the presence of a great king. Similarly, one does not speak freely in the company of family and relatives as one would in the king’s court. Therefore, one who seeks human perfection and desires to be a true servant of God must recognize and understand that the great King, who is always enveloping and accompanying them, is greater than any human king… He is always with us, watching and guarding.

Know that when perfected individuals understand this, they attain a level of awe of Heaven, humility, and awe of God that is genuine and not feigned. They demonstrate this in various ways: They are modest in their behavior with their wives and when bathing with others, as our sages taught, “Reveal a little and conceal a little” (Nedarim 20b). They also said, “Who is modest? One who relieves himself at night as he would in the daytime” (Berakhot 62a). They prohibited walking with an erect posture, due to the verse “For the LORD of hosts is exalted” (Isaiah 6:3), (Kiddushin 31a). All of this is to reinforce the point I have made: we are always in His exalted presence, walking and moving before His Divine Presence. Our sages refrained from uncovering their heads because the Divine Presence surrounds a person. They also spoke sparingly due to this reason.

This is also plainly the sense that Rabbi Isaac ben Joseph of Corbeil has in mind when he codifies tzniut as one of the 613 mitzvot of the Torah:

Being modest: as it is written (Devarim 23:15), “And your camp shall be holy,” and it is written (Micah 6:8), “And walking modestly with your God.” The sages said that no one is modest but he who is modest in the bathroom [Berakhot 62a]… One must also be modest in marital relations; also in every matter one must act with modesty and not with brazenness.^[10]

It is telling that when codifying some specifics of these behaviors in his Mishneh Torah, Rambam does so as part of his discussions on the appropriate behavior for Sages to engage in.^[11] We can suggest that this is because it is those who are the most cognizant of the Divine Presence, i.e., the Sages, who have the most strictures in this regard.

In this sense, the aim of tzniut is very broad—applying to all of the activities of life (and is an excellent example of where tzniut applies equally to men and women). It also clearly is valuable, not in of itself, but because it aims towards a higher Torah goal.

Tzniut in the Performance of Mitzvot

We can now turn to a second example in which tzniut is instrumentally valuable in its service of a higher goal. The prophet Micah instructs us as follows:

He has told you, O man, what is good, and what the LORD requires of you: Only to do justice and to love goodness, and to walk modestly with your God.^[12]

What does it mean to “walk modestly with God?” The Talmud expands on this verse as follows:

And this is what Rabbi Elazar said: What is the meaning of that which is written: “It has been told you, O man, what is good, and what the Lord does require of you; only to do justly, and to love mercy, and to walk humbly with your God” (Micah 6:8)? “To do justly”; this is justice. “To love mercy”; this is acts of kindness. “To walk modestly with your God”; this is referring to taking the dead out for burial and accompanying a bride to her wedding canopy …[and] if, with regard to matters that tend to be conducted in public (as the multitudes participate in funerals and weddings) the Torah says: “Walk modestly,” then in matters that tend to be conducted in private…all the more so should they be conducted modestly!^[13] 

Meiri summarizes the point:

If the Torah says “walk humbly” regarding matters that are normally done in public, then how much more so should one be modest in matters that are typically done in private, such as charity and Torah study.^[14]

We can infer from Meiri, himself writing based on the context of the general discussion in the Talmud, that acts which should be done privately and modestly are specifically acts which are themselves mitzvot.

To walk humbly with God is not the same thing as walking humbly before God (i.e., it is not the same thing as responding to the Divine Presence). Walking humbly with God, for the Talmud at least, is a question of how we perform His service; specifically, how we observe his commands/mitzvot.^[15],[16] We could do so in a discreet manner, or in an overtly public manner—in order to impress others with our piety or to improve our social and communal standing.

Of course, being arrogant and public in our Jewish practice, as with any display of arrogance, is a violation of appropriately acknowledging God’s immanence, but, crucially, it is more than that. It is also the failure to have a relationship with God in the first place. Relational acts done for show are cheap and void of the necessary intent and sensitivities towards building genuine connection. To walk modestly with God is to perform the mitzvot for God and not for others, and to be exceedingly careful about this, for it is central to the relationship between Man and God.

Rambam addresses this issue, and notably does so in a separate section of the Mishneh Torah from his discussion about responding to the presence of God:

Whoever becomes arrogant and ascribes honour to himself and esteems himself highly in these places [i.e., in the performance of mitzvot]—is a sinner and a fool… And whoever humbles himself…in these places is the truly great and honored one, who serves out of love.^[17]

Tzniut, Intimacy, and Sexual Propriety

In our third example we consider the following law:

What is meant by “dat yehudit?”^[18] The customs of modesty that Jewish women practice. When a woman performs any of the following acts, she is considered to have violated the dat yehudit:

a) she goes to the marketplace or a lane with openings at both ends without having her head covered…,

c) she spins in the marketplace and shows her forearms to men,

d) she plays frivolously with young lads,

e) she demands sexual intimacy from her husband in a loud voice until her neighbours hear her talking about their intimate affairs…^[19]

A violation of dat yehudit can result in a woman losing her financial rights upon divorce. This is because, as can be seen from our examples, dat yehudit deals with public-facing activities. A violation in dat yehudit has societal ramifications, not just for the woman but for the husband too. Rav Nahum Rabinovitch summarizes the point: “Dat yehudit includes matters of public modesty, and if a woman violates dat yehudit she additionally damages her husband’s reputation, which is why she is penalized.”^[20]

It follows, therefore, that the modesty of dat yehudit aims to keep marital intimacy and its associated behaviors and modes of dress firmly and exclusively within the privacy of the marriage itself. This, in turn, serves the greater Torah goals of sexual propriety and the strength of intimacy in the marriage.^[21],[22]

Conclusion

Tzniut rightfully plays a significant role in Torah thought and action. Perhaps it is just this centrality which creates the impression that tzniut therefore is valued by the Torah in and of itself. The three examples of tzniut brought in this essay offer a correction to this misconception. When we realize that tzniut is an instrument to a higher Torah goal, we simultaneously accept that this value is not found in of itself but, rather, beyond it. The point here is not that the importance of tzniut should be undermined, but that we carry a wiser and deeper appreciation for what tzniut is.^[23] Tzniut, thus understood, helps us keep our hearts and minds on the manifestation of the Presence of God in our lives, on building a genuine relationship with Him, and on securing the sacred bonds of marriage.

[1] As a working definition of tzniut, we can use “privacy” (which may be slightly more accurate) and “modesty” (certainly more popular). See also Radak, Sefer Ha-Shorashim, with an emphasis on “self-concealment.”

[2] It is largely due to the success of this book that this essay can take it as a given that tzniut is not exclusively about women’s dress and appearance.

[3] Chaim Saiman & Avital Chizhik-Goldschmidt, Tradition Online 52, no. 2 (Spring 2024): 84-115.

[4] See, for instance, https://jewishcoffeehouse.com/the-orthodox-communitys-obsession-with-materialism-a-conversation-with-rabbi-jeremy-wieder-99/.

[5] For example, it is argued that internality is an essential and inherent element of the service of God:

The root of tznius is p’nimiyus, internality. Tznius means being internally focused and determining one’s conduct solely by spiritual intent[:] maintaining the inherent value of what is good and pure. Someone who serves Hashem with tznius will not allow external factors such as personal and physical feelings to dictate their behaviors (Rivka Simonsson, Reclaiming Dignity,11).

And: Tzniut describes a deep inner yearning for private connection to God who Himself is described as an “E-l mistater- a hidden, private God…includes developing an awareness of holiness of the private domain” (Rabbi Manning).

These are two examples where the root of tzniut is assumed to be identical with the goal, and therefore value, of tzniut (see next section).

[6] Given the vast literature on which one could draw for such a project, we will, primarily but not exclusively, focus on the writings of Rambam. This is not to present “Rambam’s perspective on tzniut,” but rather reflects Rambam’s ability to summarize the works of the Sages in a uniquely clear and concise manner.

[7] An interesting discussion beyond the scope of this essay is whether all the goals of the Torah are, for Rambam, in theory, knowable.

[8] See also Guide to the Perplexed III 40.

[9] Hence the statement of Rabbi Yohanan, “Even if the Torah had not been given, we would nonetheless have learned modesty from the cat” (Eiruvin 100b). Rashi explains that cats do not defecate in public and are in the habit of covering their excrement.

Additionally, it is often observed (correctly) that keeping our more animalistic behaviors in the private domain is not the same thing as being ashamed of them. Note that we recite berakhot in gratitude and praise after going to the toilet!

[10] Sefer Ha-Mitzvot Ha-Katan, mitzvah 57.

[11] See Hilkhot Dei’ot Chapter 5. Note that there are additional strictures on Sages due to their unique potential to create a hillul Hashem (desecration of the Divine Name), but these are not directly relevant for the purposes of this essay (see Yesodei Hatorah Chapter 5).

[12] Micah 6:8.

[13] Sukkah 49b.

[14] For a nearly identical take, see Rabbeinu Hananel ad loc.

[15] Similarly, see Sotah 14a:

Rabbi Hama, son of Rabbi Hanina, says: What is the meaning of that which is written: “After the Lord your God shall you walk” (Deuteronomy 13:5)? But is it actually possible for a person to follow the Divine Presence? But hasn’t it already been stated: “For the Lord your God is a devouring fire, a jealous God” (Deuteronomy 4:24), and one cannot approach fire? He explains: Rather, the meaning is that one should follow the attributes of the Holy One, Blessed be He:

Just as He clothes the naked…so, too, should you clothe the naked. Just as the Holy One, Blessed be He, visits the sick…so, too, should you visit the sick. Just as the Holy One, Blessed be He, consoles mourners…so, too, should you console mourners. Just as the Holy One, Blessed be He, buries the dead…so, too, should you bury the dead.

Note that all the given examples are also formal mitzvot.

[16] Note that for the aforementioned codification in Sefer Ha-Mitzvot Ha-Katan, the verse from Micah is used as a support for the understanding that tzniut is a response to the presence of Hashem, and not like our gemara where it is specifically about tzniut in the context of mitzvot.

[17] Hilkhot Sukkah 8:15-16.

[18] Literally “the Jewish religion,” but functionally it is a legal category defined by Rambam as “customs of modesty that Jewish women practice.”

[19] See Hilkhot Ishut 24:12.

[20] Yad Peshutah, Ishut 24:13.

[21] See Guide III 49.

[22] Examples of the Sages’ concern with these latter goals abound in rabbinic literature. See Hilkhot Ishut 15:18 and the comments of Maggid Mishneh there. See also Shabbat 140b, Eiruvin 100b, and more.

[23] After all, wisdom resides with those who embody tzniut (Proverbs 11:2).