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

Micha Berger micha at aishdas.org
Tue Dec 27 08:06:11 PST 2022


On Sat, Nov 19, 2022 at 09:07:18PM -0500, Akiva Miller via Avodah wrote:
> "Mitzvos Aseh Shehazman Grama" has so many exceptions and details, and
> those exceptions and details have their own exceptions and details... A
> long time ago, I gave up trying to find a systematic set of rules for which
> mitzvos apply to women.
> 
> It's a "siman/sibah" thing, I think...

I don't think it helps, as having so many exceptions and details not only
rules out causality (sibah) it also robs MASG of being a reliable sign
for guessing whether women would be exempt (siman).

We could shift the question, even: Instead of asking what the rule really
is for when nashim peturos, we can also ask why Chazal state a rule that
doesn't work. Why does the idiom even exist?

Which is why I think the rule DOES work, our problem is understanding it.
Such as:

- Is "mitzvos asei" getting used in the usual way, refering to any duty,
  obligation, or proper way to get something done, if you want to
  do it? (By that last, "proper way", clause, I'm thinking of gittin
  or shechitah.)

  We say "mitzvos maasiyos" to mean ritual mitzvos, even though there are
  other mitzvos that require action (maaseh) rather than inaction. Maybe
  Chazal had another usage for "mitzvas asei".

- "Shehazman gerama". Maybe there are other relationships between the time
  and the obligation being in effect than the time *causing* the obligation.
  And those wouldn't be included in the rule.

  How it could be that the mitzvos Pesach and Sukkos have different
  relationships to time is beyond me. Although Pesach is more properly
  on a specific anniversary...

Anyway, I think emunas chakhamim compels us to say that if Chazal declared
a rule, that rule works. At least in the forward direction. We don't have
to say they are ONLY exempt from MASG to ask questions about talmud Torah.

So I would instead be asking how the rule ought be correctly understood,
knowing that the correct understanding has "exceptions and details"
that our naive understanding overlooks.

Or just living with the belief that that understanding exists, even if I
don't know it.

I am happier with that than attempts (like RSRH's) that adds unstated
clauses.

Tir'u baTov!
-Micha

-- 
Micha Berger                 The thought of happiness that comes from outside
http://www.aishdas.org/asp   the person, brings him sadness. But realizing
Author: Widen Your Tent      the value of one's will and the freedom brought
- https://amzn.to/2JRxnDF    by uplifting its, brings great joy. - R' Kook


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