When the Talmud asks where we find in the Torah an allusion to Haman, the evil villain from the Purim story, it brings a verse from the Garden of Eden after the snake causes Adam and Eve to eat the forbidden fruit: “Who told you that you are naked? Have you eaten of the tree from which I commanded you not to eat?” In Hebrew, “from the tree” is hamin ha-eitz, which sounds similar to Haman who was also hung on a tree (an eitz).

The mystics explain that one of the consequences of eating from that tree was that we lost the letter “aleph” from the word “emet” (aleph-mem-tet), meaning truth, and we were punished with “met,” death. The aleph, represents the One, Ruler of the world, whose name is Truth and who can’t coexist with perversions of truth. G-d originally clothed us with light, but after the sin it was replaced with skin, as the garment for the soul. The difference in the Hebrew spelling of light and skin is one letter – aleph. The fall from light, which is spelt with an aleph, to skin, which is spelt with an ayin, expresses the subversive nature of coverings – in this case skin.

Clothing, which we use to cover our bodies, serves as a perpetual reminder of this sin. It reminds us that our spiritual identity is no longer our dominant mode of expression. We can now reconsider what Scripture meant in Deuteronomy 22:5, when it prohibits cross-dressing. The medieval commentator Rashi explains that the “abomination” is only when a person BOTH presents falsely as another gender, AND with licentious intentions to make it easier to sin by misrepresenting themselves as someone else. It is not, however, referring to someone who wears clothing to give voice to their true gender identity.

The rabbis intentionally do not uphold the prohibition against cross-dressing in moments where they might cause pain.

It is with this understanding that the The Code of Jewish Law operates. The rabbis intentionally do not uphold the prohibition against cross-dressing in moments where they might cause pain, where they would be obstacles in the performing of a mitzvah, or in circumstances deemed “uncommon” whose uniqueness needed no specific declaration.

Our rabbis teach that on Purim we accepted the Torah again, but this time it wasn’t out of fear, like at Mt Sinai. It was out of a unity of love, for G-d and each other, that brought a new level of acceptance for the differences we have as people, revealing unique aspects of G-d. Each year on Purim, we are invited to wear costumes in order to diminish the role that clothing has in defining us with physical labels. We amplify the voice of our soul that provides awareness of our true identity.

By rejecting the right of transgender Jews to wear clothing that most supports their gender identity in religious spaces, it is not only a communal failure of our responsibility to provide sanctuary for all of G-d’s children, but also a denial of the truth of the Torah itself.

Continue reading in the Times of Israel

Rabbi Mike Moskowitz is the senior educator for Uri L’Tzedek, Orthodox Social Justice and a vocal ally for inclusivity. He writes frequently at the intersection of transgender issues and Jewish thought.