[Avodah] Is there a mitzvah to wear tzitzis at night?

[Chana Luntz]

RLL writes:

<<>From Today's OU Kosher Halacha Yomis

Q. Is there a mitzvah to wear tzitzis at night?

A. Regarding tzitzis, the Torah states, ?U?re?isem oso?, you shall see it
(Bamidbar 15:39). The Gemara (Menachos 43a) derives from this verse that a
nighttime garment is exempt from the mitzvah of tzitzis. Because the mitzvah
does not apply to nighttime garments, tzitzis is a mitzvas asei she?ha?zman
grama (a time-bound mitzvah), from which women are exempt.

The meaning of a nighttime garment is the subject of a disagreement among
Rishonim. The Rambam (Hilchos Tzitzis 3:7) writes that it refers to any
garment worn at night. According to the Rambam, the mitzvah of tzitzis
applies only during the day; any garment worn at night is exempt from the
mitzvah of tzitzis. The Rosh (Menachos ? Tzitzis 1) disagrees. He quotes
Rabbeinu Tam who maintains that a nighttime garment is intended to be worn
at night, such as pajamas. These types of garments are exempt from the
mitzvah of tzitzis, even if worn during the daytime. Conversely, a garment
that is intended to be worn during the day is obligated in tzitzis, even if
it is worn at night.>>

This has always seemed a bit strange to me - or at least, the Rosh and the
Rabbanu Tam's explanation seemed strange, and my query seems strengthened by
the (fairly) recently discovered view of the Imre Shefer, which would seem
to be the basis for the Ramban's view that women are obligated in Sfirat
HaOmer.

That is:  According to the Rambam, the ruling that tzitzit is a mitzvat aseh
shehazman grama seems straightforward.  The fall of night causes the mitzvah
to be inapplicable, so the time clearly causes the mitzvah, just as the time
of Rosh HaShana causes the mitzvah of shofar to be applicable, and the rest
of the year it is not, in the case of tzitzit the time of day causes the
mitzvah to be applicable, and hence it is a mitzvah aseh shehazman grama.

But according to the Rosh/Rabbanu Tam - it is not day or night that causes
the mitzvah to be applicable, it is the type of garment.  And yes, the type
of garment is determined as a night garment or a day garment, but
fundamentally it is not the *time* that causes the applicability of the
mitzvah, but the nature of the garment.

And the Imre Shefer says - " My father [R. Moshe ben R. David Chalawa
(Maharam Chalawa) ca. 1290-1370] writes that sefirat  haomer women are
obligated, and this is his language in his chiddushim: every positive
mitzvah dependent upon time men are obligated and women are exempt, that is
to say all that depend on time, that is not every time is fit for it, and
even a small interruption, that we learn from tefillin that the mitzvah is
only interrupted at night that in any event this is a mitzvah dependent upon
time and therefore we learn that women are exempt from kriat shema because
it is dependent upon time, that is that they fixed for it a time in one's
lying down and one's getting up a time of lying down and a time of getting
up, and so with all that are dependent upon time.  And the Ramban writes
that sfirat haomer women are obligated in.  And this is the essence, as they
are not excluded except when time causes and sefirat haomer is not caused by
time but by the action that is the bringing of the [korban] omer.  And even
though the omer is dependent upon time in any event the counting is not
dependent upon time but on the action of its bringing and it is not caused
by time.  And to what is the matter similar, to women who are obligated in
blessing after a meal, that behold Shabbat is a time that causes to eat as
it is forbidden to fast, and since there is to the eating a time, the
blessing on the eating could be considered to be dependent upon time, and it
would be found that the blessing after eating is dependent upon time, ."

So, according to the Imre Shefer and the Ramban - were it true as the
Rabbanu Tam and the Rosh say that it is determined by the type of garment,
would it not also be true that women would be obligated in tzitzit as it is
not a mitzvah directly dependent upon time, but directly dependent upon the
type of garment, which is merely classified by time?  That would seem to
make it even more remote from time than sfirat haomer.  (Of course the
Rambam disagrees that women are obligated in sfirat haomer, but then he
would seem to hold that sefirat haomer is directly caused by the time, and
so again would be consistent).

So, given that we posken in the Shulchan Aruch that tzitzit is a mitzvah
aseh shehazman grama (following the Rambam) as the Halacha Yomis stated
(further following Rabbi Shimon and against, inter alia, Rav Yehuda - see
Menachot 43a-b) should it not follow that we should posken like the Rambam
against Rabbanu Tam and the Rosh on the subject of whether there is mitzvah
to wear tzitzis on a day garment at night?

Regards

Chana