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Mitzvot Aseh SheHazman Grama: Difference between revisions
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* Rav Elyashiv in Yashiv Moshe (pg 19) and Birkat Eitan (pg 61), **Rav Shechter in “Women at Prayer” at yu.edu, Rav Ovadyah in Halichot Olam (vol 1 pg 59) and Yalkut Yosef (Otzer Dinim LeIsha pg 75), and Hilchot Bat Yisrael (end of chapter 14) write that a women is obligated since it’s a obligation that applies the whole day and is renewed every day similar to the Shagat Aryeh regarding Zecher Yetziat Mitzrayim in Shema. However, Halichot Bayita 13:1 in name of Rav Shlomo Zalman, Sh”t Teshuvot VeHanhagot 2:129, Sh”t Shevet HaKehati 3:63, Birkat Eitan (pg 62), Vezot HaBracha (pg 185, chapter 20), Sh”t Atret Paz 1:1, Shevet HaLevi 5:23, and Sh”t Rivevot Efraim 3:47, 5:114 write that a women is exempt and some base it on the Magan Avraham regarding Zecher Yetziat Mitzrayim in Shema who disagrees with the Shagat Aryeh. | * Rav Elyashiv in Yashiv Moshe (pg 19) and Birkat Eitan (pg 61), **Rav Shechter in “Women at Prayer” at yu.edu, Rav Ovadyah in Halichot Olam (vol 1 pg 59) and Yalkut Yosef (Otzer Dinim LeIsha pg 75), and Hilchot Bat Yisrael (end of chapter 14) write that a women is obligated since it’s a obligation that applies the whole day and is renewed every day similar to the Shagat Aryeh regarding Zecher Yetziat Mitzrayim in Shema. However, Halichot Bayita 13:1 in name of Rav Shlomo Zalman, Sh”t Teshuvot VeHanhagot 2:129, Sh”t Shevet HaKehati 3:63, Birkat Eitan (pg 62), Vezot HaBracha (pg 185, chapter 20), Sh”t Atret Paz 1:1, Shevet HaLevi 5:23, and Sh”t Rivevot Efraim 3:47, 5:114 write that a women is exempt and some base it on the Magan Avraham regarding Zecher Yetziat Mitzrayim in Shema who disagrees with the Shagat Aryeh. | ||
==Shabbat== | ==[[Shabbat]]== | ||
# Women are obligated in Kiddush on Shabbat. Even though Kiddish is a time bound positive mitzvah women are obligated because there is a comparison between Shamor and Zachar and since women are obligated to keep the negitive commandments of Shabbat so too they're obligated in the positive mitzvot of Shabbat. <ref>Gemara Brachot 20b, Rambam Avoda Zara 12:3, S"A 271:2 </ref> | # Women are obligated in Kiddush on [[Shabbat]]. Even though Kiddish is a time bound positive mitzvah women are obligated because there is a comparison between Shamor and Zachar and since women are obligated to keep the negitive commandments of [[Shabbat]] so too they're obligated in the positive mitzvot of [[Shabbat]]. <ref>Gemara Brachot 20b, Rambam Avoda Zara 12:3, S"A 271:2 </ref> | ||
# Some say that there’s an obligation of women to hear Kriyat HaTorah but the minhag is to lenient in this regard. <Ref>Mishna Brurah 282:12, see Rivevot Efraim 6:153(21) </ref> | # Some say that there’s an obligation of women to hear Kriyat HaTorah but the minhag is to lenient in this regard. <Ref>Mishna Brurah 282:12, see Rivevot Efraim 6:153(21) </ref> | ||
# Women are obligated in Melaveh Malka. <Ref>Piskei Teshuvot 300:1, Rivevot Efriam 2:89 </ref> | # Women are obligated in Melaveh Malka. <Ref>Piskei Teshuvot 300:1, Rivevot Efriam 2:89 </ref> | ||
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# Women are obligated to eat Matza on the first night of Pesach. Even though this is a time bound positive mitzvah, Chazal write that just like women are obligated to avoid Chametz on Pesach so too they're obligated in the mitzvah of eating matzah (as the pasuk juxtaposes eating matza and avoiding chametz). Similarly, they are obligated in all the mitzvot of the night such as the 4 cups of wine, Matzah, Maror, and saying the Haggadah. <Ref>Pesachim 43b, Rambam (Chametz UMatzah 6:10), S"A 472:14, Mishna Brurah 472:45 </ref> | # Women are obligated to eat Matza on the first night of Pesach. Even though this is a time bound positive mitzvah, Chazal write that just like women are obligated to avoid Chametz on Pesach so too they're obligated in the mitzvah of eating matzah (as the pasuk juxtaposes eating matza and avoiding chametz). Similarly, they are obligated in all the mitzvot of the night such as the 4 cups of wine, Matzah, Maror, and saying the Haggadah. <Ref>Pesachim 43b, Rambam (Chametz UMatzah 6:10), S"A 472:14, Mishna Brurah 472:45 </ref> | ||
# Women are exempt from the mitzvah of sitting in the sukkah. <ref>Mishna Sukkah 28, S"A 640:1 </ref> See [[Sitting in the Sukkah]]. | # Women are exempt from the mitzvah of sitting in the sukkah. <ref>Mishna Sukkah 28, S"A 640:1 </ref> See [[Sitting in the Sukkah]]. | ||
# Women are obligated in Chanuka candles since they too were part of the miracle of Chanuka. Thus a man who is away traveling he should have his wife light at home for him to fulfill his obligation. Even if he will come that night later than tzet hakochavim (the night to light Chanuka candles), he should still have his wife light. Ashkenazim who have the Minhag that everyone in the household lights and they are able to light where they are should light without a bracha. <ref> S”A 565:5 says that women are obligated in Chanuka candles based on Shabbat 23a, Rambam (Chanuka 4:9), and Tur 565. Piskei Maharam Riketani (154) holds women can fulfill a man’s obligation on his behalf. So holds Rabbenu Yerucham 9:1, Rokeach Chanuka 226:3, Ritva and Meiri (Shabbat 23a, Megilah 4a), Maharil (Chanuka pg 407). Levush (675), Bach (675), Taz(675:4), Magan Avraham 675:4, Olot Shabbat 675:1, Pri Chadash 675:4, Eliyah Raba 675:6, Sh”t Shar Efraim 42, Shulchan Gavoha 675:6, Mor Ukesia 675:6, machzik Bracha 675:4, Mishna Brurah 675:9. Sh”t Yechava Daat 3:51 writes that since some rishonim and achronim hold one can only light at tzet hakochavim one should let his wife light at the right time and fulfill his obligation according to all opinions. The Yechava Daat holds like the Chaye Adam 154:33. Kaf Hachiam 676:25. Chaye Adam adds that Ashkenazim can light without a bracha. Interesting point: S”A 689:2 says a women can read the megillah to fulfill for a man his obligation of megillah, and some hold otherwise. [Bahag (quoted by Tosfot Megilah 4a, Erchin 3a) and Morchedai 4a in name of Ravyah (Megilah 569,843) hold women can’t fulfill the obligation of a man, but Rashi Erchin 3a, Or Zaruh 2:324, Rambam(Megilah 1), Rif (quoted by Sefer Eshkol 2:30) hold a women can fulfill obligation of a man]. However Smag (brought by Magan Avraham 589:5), Itur (Megilah 113d), Eshkol 2 pg 30 differentiate between Megilah which is like Torah reading but by Chanuka women can fulfill the man’s obligation according to everyone. Also Torat Moadim Chanuka pg 40 says the Behag only held a women can fulfill megilah for a man since a women’s obligation is derebanan and a man’s is from divrei kabalah (Ketuvim). Similarly, Sh”t Maharash Halevi O”C 24 says Chanuka isn’t an obligation on each person but on the household and so a women can fulfill it for a man. Thus even those who say by Megilah a woman can’t fulfill a man’s obligation agree by Chanuka. </ref> See [[Lighting Chanuka Candles]]. | # Women are obligated in Chanuka candles since they too were part of the miracle of Chanuka. Thus a man who is away traveling he should have his wife light at home for him to fulfill his obligation. Even if he will come that night later than tzet hakochavim (the night to light Chanuka candles), he should still have his wife light. Ashkenazim who have the Minhag that everyone in the household lights and they are able to light where they are should light without a bracha. <ref> S”A 565:5 says that women are obligated in Chanuka candles based on [[Shabbat]] 23a, Rambam (Chanuka 4:9), and Tur 565. Piskei Maharam Riketani (154) holds women can fulfill a man’s obligation on his behalf. So holds Rabbenu Yerucham 9:1, Rokeach Chanuka 226:3, Ritva and Meiri ([[Shabbat]] 23a, Megilah 4a), Maharil (Chanuka pg 407). Levush (675), Bach (675), Taz(675:4), Magan Avraham 675:4, Olot [[Shabbat]] 675:1, Pri Chadash 675:4, Eliyah Raba 675:6, Sh”t Shar Efraim 42, Shulchan Gavoha 675:6, Mor Ukesia 675:6, machzik Bracha 675:4, Mishna Brurah 675:9. Sh”t Yechava Daat 3:51 writes that since some rishonim and achronim hold one can only light at tzet hakochavim one should let his wife light at the right time and fulfill his obligation according to all opinions. The Yechava Daat holds like the Chaye Adam 154:33. Kaf Hachiam 676:25. Chaye Adam adds that Ashkenazim can light without a bracha. Interesting point: S”A 689:2 says a women can read the megillah to fulfill for a man his obligation of megillah, and some hold otherwise. [Bahag (quoted by Tosfot Megilah 4a, Erchin 3a) and Morchedai 4a in name of Ravyah (Megilah 569,843) hold women can’t fulfill the obligation of a man, but Rashi Erchin 3a, Or Zaruh 2:324, Rambam(Megilah 1), Rif (quoted by Sefer Eshkol 2:30) hold a women can fulfill obligation of a man]. However Smag (brought by Magan Avraham 589:5), Itur (Megilah 113d), Eshkol 2 pg 30 differentiate between Megilah which is like Torah reading but by Chanuka women can fulfill the man’s obligation according to everyone. Also Torat Moadim Chanuka pg 40 says the Behag only held a women can fulfill megilah for a man since a women’s obligation is derebanan and a man’s is from divrei kabalah (Ketuvim). Similarly, Sh”t Maharash Halevi O”C 24 says Chanuka isn’t an obligation on each person but on the household and so a women can fulfill it for a man. Thus even those who say by Megilah a woman can’t fulfill a man’s obligation agree by Chanuka. </ref> See [[Lighting Chanuka Candles]]. | ||
# The Shitat HaKadmonim (last page of bava kama) has the Sh”t Maharam Chavallah (a rishon; the Sh”t was written by the Maharam Challavah’s son in name of his father) which writes that his Rabbi, the Ramban, held that women are obligated in Sefirah (See Ramban Kiddushin 34a). The Maharam Challavah explains that since the time doesn’t cause the mitzvah it’s not considered “Zman Grama”. It happens to be time-bound since of another factor which is that the mitzvah of Sefirah depends on the Korban Omer which itself is bound by time. The Sh”t Maharam Challavah compares it to the obligation on women to eat Shabbat meals which require [[Birkat HaMazon]]. That doesn’t make [[Birkat HaMazon]] a mitzvah Aseh SheZman Grama because the [[Birkat HaMazon]] is obligated as a result of the meal which itself is time bound. | # The Shitat HaKadmonim (last page of bava kama) has the Sh”t Maharam Chavallah (a rishon; the Sh”t was written by the Maharam Challavah’s son in name of his father) which writes that his Rabbi, the Ramban, held that women are obligated in Sefirah (See Ramban Kiddushin 34a). The Maharam Challavah explains that since the time doesn’t cause the mitzvah it’s not considered “Zman Grama”. It happens to be time-bound since of another factor which is that the mitzvah of Sefirah depends on the Korban Omer which itself is bound by time. The Sh”t Maharam Challavah compares it to the obligation on women to eat [[Shabbat]] meals which require [[Birkat HaMazon]]. That doesn’t make [[Birkat HaMazon]] a mitzvah Aseh SheZman Grama because the [[Birkat HaMazon]] is obligated as a result of the meal which itself is time bound. | ||
==מצות that don’t apply nowadays== | ==מצות that don’t apply nowadays== | ||
