[Avodah] Why are women exempt from positive time-bound mitzvot? Is this a matter of identity?

Prof. L. Levine llevine at stevens.edu
Thu Oct 6 07:43:12 PDT 2022


I have heard often that women are exempt for positive time-bound mitzvas,
because they are busy taking care of their family. However, if this is
the true, then women who are not married or whose children are grown
and out to the house should be obligated in positive time-bound mitzvas
during these periods. I found what is IMO a much better explanation at

https://www.deracheha.org/positive-time-bound-mitzvot/

 From this web site


Rav Samson Raphael Hirsch (Germany, 19th century) suggests that women’s exemption derives from both essential and practical gender differences:

Rav S. R. Hirsch, Commentary to Vayikra 23:43 (Judaica Press translation)

    The Torah did not impose these mitzvot on women because it did not
    consider them necessary to be demanded from women. All time-bound
    mitzvot are meant, by symbolic procedures, to bring certain facts,
    principles, ideas and resolutions afresh to our minds from time to
    time to fortify us to realize them to keep them. God's Torah takes
    it for granted that our women have greater fervor and more faithful
    enthusiasm for their God-serving calling [than men], and that this
    calling runs less danger in their case than in that of men from the
    temptations which occur in the course of business and professional
    life. Accordingly it does not find it necessary to give women these
    repeated spurring reminders to remain true to their calling...

    For Rav Hirsch, women's "greater fervor and more faithful enthusiasm"
    for serving God," together with a more sheltered lifestyle than men's,
    makes these particular mitzvot unnecessary for women.

At first glance, this argument sounds like an elevation of women's spirituality above men's. However, Rav Hirsch is not advocating reverse gender bias. How do we know this? Elsewhere, Rav Hirsch refers to men and women as spiritual equals:
<https://www.deracheha.org/positive-time-bound-mitzvot/#n7>

Rav S. R. Hirsch, 'The Jewish Woman,' Judaism Eternal

    While fully appreciating the special and deeply implanted
    characteristics of the female sex, the Sages also attribute to it
    complete spiritual and intellectual equality with the male.


What, then, is his claim? Women and men have complementary roles, and
a woman needs less external prodding, such as that provided by positive
time-bound mitzvot, to fulfill her role.
<https://www.deracheha.org/positive-time-bound-mitzvot/#n8>
Furthermore, men's professional roles outside the home present risks
that these particular mitzvot help counteract, a process unnecessary
for more domestically-oriented women. Although significant, internal
motivation is not the only measure of spirituality.


[Email #2. -micha]

My good friend and often critic Rabbi Dr. Joel Rosenshein called shortly after my earlier post on this topic expressing strong criticism about that I sent out. In particular, he asked "Why didn't you quote the Mishna and the RAMBAM of this subject?"

 From https://www.deracheha.org/positive-time-bound-mitzvot/

Mishna Kiddushin 1:7

    And all positive mitzvot that are time-bound, men are obligated and
    women are exempt. And all positive mitzvot that are not time-bound,
    both men and women are obligated.

"Zeman geramah," literally means 'time causes it.' Rambam explains that
these obligations apply only at specific times:

Rambam, Commentary to the Mishna, Kiddushin 1:7

    "Mitzvat Aseh she-hazeman geramah" means that the obligation to
    perform it applies at a certain time, and that at other times the
    obligation does not apply.

I do hope that this addition satisfies my friend Dr. Rosenschein!

YL






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