[Avodah] Women and Tefillin

[Meir Shinnar]

> 
> 
> R' MS:
> Several issues with RMB's point:
> 1) First, my understanding is that kli gever and kli isha only applies
> to what is visible - eg, does not apply to undergarments, etc - the
> essence of kli gever and kli isha is the public appearance as the
> other sex.
> <SNIP>
> -------------------
> RMYG
> I would disagree, seeing as how one of the Beged Ishah issues is for a man
> to shave his body hair in an area in which it's a feminine thing to do, and
> that, presumably, is even though he keeps his body covered in public.
> 
> 
Actually, RMYG's point is a proof text for my point.  
Shaving certain areas is brought as assur, but from divre sofrim.
The bet yosef (and the taz following him) (yore deah 182) ask why isn't shaving in areas that normally only women do assur midoraita from beged ishah - and they answer that the issur d'oraita doesn't apply to something that is hidden, and one therefore requires a takkana to prohibit shaving. (there is no one that I know that holds that this takana is for all hidden issues rather than the specific one of shaving).
The bach does disagree, as this distinction is not explicit in hazal  - but the bet yosef and taz are rauy lismoch...
Furthermore, both the taz and the bach seem explicit that the issue is in trying to appear as a man (or as a woman) - and that if one has a legitimate reason to wear clothing of the opposite sex rather than trying to appear as they are, the issur does not apply.

Lastly, it was held by some that no one since Michal put on tefilin.

Tashma brings down (in halacha, minhag umetsiut beashkenaz 1100-1350, p 322) from Kovetz perushim upesakim lerav avigdor hatzorfati (published 1996, he lived early 13th century), page 172 - umita'am ze nahagu nashim tsadkaniot lehaniach tefillin ulevarech ulehitatef betsitstit

Meir Shinnar