Mitzvot Aseh SheHazman Grama
Revision as of 23:10, 1 October 2011 by ChachamY
- Women are exempt from all time bound positive commandments (Mitzot Aseh Shehazman Grama) with a few exceptions as will be listed. 
- 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. 
- Tzitzit 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 Tzitzit it’s preferable that women do not fulfill this mitzvah. 
- 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 Tzitzit it’s preferable that women do not fulfill this mitzvah. 
- 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.  There is a dispute regarding Mussaf; see further Sh”t Yabea Omer 2:6(7).
- Regarding the mitzvah of saying one hundred Brachot each day some consider it a Mitzvah Aseh SheZman Grama, while others disagree.
- 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.
- 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. 
- Some say that there’s an obligation of women to hear Kriyat HaTorah but the minhag is to lenient in this regard. 
- Women are obligated in Melaveh Malka. 
- 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. 
- Women are exempt from the mitzvah of sitting in the sukkah. 
- 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
- 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.
- 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.
- 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 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.
- 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.
- S”A 17:2
- 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
- S”A and Rama 38:3, Mitzvat Nashim (pg 35)
- Sh”t Yechava Daat 3:17
- Gemara Brachot 20b, Rambam Avoda Zara 12:3, S"A 271:2
- Mishna Brurah 282:12, see Rivevot Efraim 6:153(21)
- Piskei Teshuvot 300:1, Rivevot Efriam 2:89
- Pesachim 43b, Rambam (Chametz UMatzah 6:10), S"A 472:14, Mishna Brurah 472:45
- Mishna Sukkah 28, S"A 640:1