16,374
edits
Mitzvot Aseh SheHazman Grama: Difference between revisions
From Halachipedia
m
Text replace - "Tefillin " to "Tefillin "
No edit summary |
m (Text replace - "Tefillin " to "Tefillin ") |
||
| Line 1: | Line 1: | ||
==Basics== | ==Basics== | ||
# Women are exempt from all time bound positive commandments (Mitzot Aseh Shehazman Grama) with a few exceptions as will be listed. <ref> | # Women are exempt from all time bound positive commandments (Mitzot Aseh Shehazman Grama) with a few exceptions as will be listed. <ref> | ||
The gemara Kiddushin 29b learns from the pasuk that says "ולמדתם אותם את בניכם" (Devarim 11:19) that the obligation of Talmud Torah applies to men and not women. Next the gemara Kiddushin 34a derives this halacha from the juxtaposition in the pesukim (Devarim 6:7-8 and 11:18-9) between Tefillin and Talmud Torah, just like women are exempt from Talmud Torah so too they are exempt from Tefillin. Then, gemara kiddushin 35a writes that the pasuk in Shemot 13:9 compares Tefillin to all mitzvot to teach us that just like Tefillin is a positive time bound mitzvah and women are exempt so too all positive time bound mitzvot women are exempt. See the gemara there for the full discussion. The Mishna Kiddushin 29a rules that women are exempt from positive mitzvot that are time bound. This is codified by the Rambam (Avoda Zara 12:3), Tur and S"A 17:2. </ref> | The gemara Kiddushin 29b learns from the pasuk that says "ולמדתם אותם את בניכם" (Devarim 11:19) that the obligation of Talmud Torah applies to men and not women. Next the gemara Kiddushin 34a derives this halacha from the juxtaposition in the pesukim (Devarim 6:7-8 and 11:18-9) between [[Tefillin]] and Talmud Torah, just like women are exempt from Talmud Torah so too they are exempt from Tefillin. Then, gemara kiddushin 35a writes that the pasuk in Shemot 13:9 compares [[Tefillin]] to all mitzvot to teach us that just like [[Tefillin]] is a positive time bound mitzvah and women are exempt so too all positive time bound mitzvot women are exempt. See the gemara there for the full discussion. The Mishna Kiddushin 29a rules that women are exempt from positive mitzvot that are time bound. This is codified by the Rambam (Avoda Zara 12:3), Tur and S"A 17:2. </ref> | ||
# If a women wants to do a Mitzvah that she is exempt from she is permitted and encouraged to do so. Ashkenazim hold that women can make a bracha on such mitzvot even though they are exempt, while Sephardim hold that women can't make a bracha since they are exempt. <ref> Rambam Tzitzis 3:10 writes that since women are exempt from the Mitzvah of Tzitzit they can't make a Bracha on it. However, Tosfot Kedushin 31b in name of the Raavad and Rabbenu Tam argue that even if you are exempt from a mitzvah you can make a bracha if one wants to do the mitzvah. </ref> | # If a women wants to do a Mitzvah that she is exempt from she is permitted and encouraged to do so. Ashkenazim hold that women can make a bracha on such mitzvot even though they are exempt, while Sephardim hold that women can't make a bracha since they are exempt. <ref> Rambam Tzitzis 3:10 writes that since women are exempt from the Mitzvah of Tzitzit they can't make a Bracha on it. However, Tosfot Kedushin 31b in name of the Raavad and Rabbenu Tam argue that even if you are exempt from a mitzvah you can make a bracha if one wants to do the mitzvah. </ref> | ||
==Daily Mitzvot== | ==Daily Mitzvot== | ||
# Tzitzit is a Mitzvah Aseh SheHaZman Grama and so women are exempt. <Ref>S”A 17:2 </ref> Even though usually women are allowed to fulfill מצות from which they are exempt, by Tzitzit it’s preferable that women do not fulfill this mitzvah. <ref> Mitzvat Nashim (pg 34) quoting Ben Ish Chai (Lech Lecha #13), Sh”t Mishneh Halachot Tanina 1:21, Sh”t Igrot Moshe O”C 4:49 and others </ref> | # Tzitzit is a Mitzvah Aseh SheHaZman Grama and so women are exempt. <Ref>S”A 17:2 </ref> Even though usually women are allowed to fulfill מצות from which they are exempt, by Tzitzit it’s preferable that women do not fulfill this mitzvah. <ref> Mitzvat Nashim (pg 34) quoting Ben Ish Chai (Lech Lecha #13), Sh”t Mishneh Halachot Tanina 1:21, Sh”t Igrot Moshe O”C 4:49 and others </ref> | ||
# Tefillin is a Mitzvah Aseh SheHaZman Grama and so women are exempt. Even though usually women are allowed to fulfill מצות from which they are exempt, by Tefillin it’s preferable that women do not fulfill this mitzvah. <ref> S”A and Rama 38:3, Mitzvat Nashim (pg 35) </ref> | # [[Tefillin]] is a Mitzvah Aseh SheHaZman Grama and so women are exempt. Even though usually women are allowed to fulfill מצות from which they are exempt, by [[Tefillin]] it’s preferable that women do not fulfill this mitzvah. <ref> S”A and Rama 38:3, Mitzvat Nashim (pg 35) </ref> | ||
# Tefilla is a Mitzvah Aseh SheHaZman Grama but nonetheless women are obligated in praying once a day and it’s praiseworthy to pray three times a day. <Ref>Sh”t Yechava Daat 3:17 </ref> There is a dispute regarding [[Mussaf]]; see further Sh”t Yabea Omer 2:6(7). | # Tefilla is a Mitzvah Aseh SheHaZman Grama but nonetheless women are obligated in praying once a day and it’s praiseworthy to pray three times a day. <Ref>Sh”t Yechava Daat 3:17 </ref> There is a dispute regarding [[Mussaf]]; see further Sh”t Yabea Omer 2:6(7). | ||
| Line 32: | Line 32: | ||
==Mitzvot that don’t apply nowadays== | ==Mitzvot that don’t apply nowadays== | ||
# Turei Even (Chagigah 15) writes that Semicha on a Korban isn’t a Mitzvah Aseh SheHaZman Grama since the mitzvah doesn’t have a fixed time. Regarding Tefillin there’s one day to do it and afterwards the mitzvah is lost and there’s a new Mitzvah to wear Tefillin. However, by Semicha that same Mitzvah could be done any day during the daytime. [See Minchat Elazar 2:47’s second reason regarding the building of the Bet HaMikdash.] | # Turei Even (Chagigah 15) writes that Semicha on a Korban isn’t a Mitzvah Aseh SheHaZman Grama since the mitzvah doesn’t have a fixed time. Regarding [[Tefillin]] there’s one day to do it and afterwards the mitzvah is lost and there’s a new Mitzvah to wear Tefillin. However, by Semicha that same Mitzvah could be done any day during the daytime. [See Minchat Elazar 2:47’s second reason regarding the building of the Bet HaMikdash.] | ||
# The Rambam (Bet HaBechirah 1:12) writes that everyone is obligated in building the Bet HaMikdash. The questioner in Sh”t Shoel UMeshiv Tanina 3:89 (beginning paragraph D”H Heneh) inquires as to why women are obligated since it’s a mitzvah that only applies during the day and being a time-bound mitzvah, women should be exempt. | # The Rambam (Bet HaBechirah 1:12) writes that everyone is obligated in building the Bet HaMikdash. The questioner in Sh”t Shoel UMeshiv Tanina 3:89 (beginning paragraph D”H Heneh) inquires as to why women are obligated since it’s a mitzvah that only applies during the day and being a time-bound mitzvah, women should be exempt. | ||
* However, the Sh”t Shoel UMeshiv answers that because men are obligated, women are also obligated. The reason for this is since the whole reason of a women being exempt is that women are subservient to their husbands and don’t have time to fulfill time-bound מצות, however since their husbands are obligated, they too can fulfill this mitzvah properly. | * However, the Sh”t Shoel UMeshiv answers that because men are obligated, women are also obligated. The reason for this is since the whole reason of a women being exempt is that women are subservient to their husbands and don’t have time to fulfill time-bound מצות, however since their husbands are obligated, they too can fulfill this mitzvah properly. | ||
* Alternatively, the Sh”t Minchat Elazar 2:47 writes that since the mitzvah includes donations to the Bet HaMikdash which can be given at night as well, then it’s not considered a time bound mitzvah. | * Alternatively, the Sh”t Minchat Elazar 2:47 writes that since the mitzvah includes donations to the Bet HaMikdash which can be given at night as well, then it’s not considered a time bound mitzvah. | ||
* The Minchat Elazar’s second reason is that since the mitzvah is incomplete and could continued to be fulfilled each day, then, even if the mitzvah doesn’t apply during the night, still it’s considered not time-bound unlike Tefillin which is time bound and once the day passes there’s a new mitzvah to fulfill. [See Turei Even regarding Semicha.] | * The Minchat Elazar’s second reason is that since the mitzvah is incomplete and could continued to be fulfilled each day, then, even if the mitzvah doesn’t apply during the night, still it’s considered not time-bound unlike [[Tefillin]] which is time bound and once the day passes there’s a new mitzvah to fulfill. [See Turei Even regarding Semicha.] | ||
==References== | ==References== | ||
<references/> | <references/> | ||
