Maharal, Tiferes Yisrael, Perek 28

Free Translation:

Rav Tachlifa says, it is fitting to proceed with women first at the receiving of Torah. The reason

for this stems from the fact that connection to Hashem comes through the commandments. The man is

better fit for this connection. The woman is more physical and her level is not as high as is the man’s.

Therefore Adam HaRishon was commanded first since he was closer to Hashem. The woman’s greater

distance from Hashem led to her initiation of the first sin and destruction upon the world. Because her

connection is lacking, she caused sin which greater damaged the connection. The first man’s connection

was also not complete as was Israel’s at the receiving of Torah. They received a complete connection.

Since the connection at Gan Eden was not complete, therefore the man went first and afterward the

woman.

But Israel received a complete connection when Torah was given to them. This is demonstrated

by the case of Adam who received only a portion of the commandments and therefore his connection was

incomplete. Because of the complete connection established at the receiving of Torah, it was safe to

approach the women first. The women are not at a level as high as are the men, but the connection at

Sinai was complete. Afterwards the man was commanded, his connection and his level are higher than

that of the women. Therefore the command of the women preceded the men. The receiving of Torah by

the women shows that this reception of all of Israel was complete. And this complete reception is a

greater thing. Therefore she is mentioned first.


Explanation:

Commandments solidify the connection of people to Hashem. However, a person must be

equipped to handle the connection. Only a portion of commandments were given in Gan Eden, so the

connection of man to Hashem made at that time was incomplete. Since Adam was naturally better

connected to Hashem than was Chava, he was better able to constructively manage the incomplete

connection made at that time. Chava’s initiation of the first sin is proof that her connection was lacking

something that Adam’s did not lack. At Har Sinai, a full set of commandments was given and therefore a

complete connection to Hashem was being formed. Under such conditions, the danger of giving Torah to

women first was satisfactorily eliminated. The women are still at a lower spiritual level than are the men,

but there was no danger at Har Sinai of their being at a lower level leading to destruction.

With the danger eliminated, it was better to approach the women first for various other reasons.

These reasons include their enthusiasm for commandments, to encourage them to lead their children in

the ways of Torah, and to emphasize to them their reward for enabling their husband’s Torah learning.

The enthusiasm of women mentioned in the first reason is an individual personality trait. It is not a

comprehensive desire for commandments, but rather an initial desire. The Radal explains that this

enthusiasm wears off when obstacles to the commandments appear (Radal on Midrash Rabbah, Shemos

28:2:4). The third reason relates to a fear that the women would prevent their husbands from accepting

Torah since the women may not see what gain they have from Torah since only men are commanded to

learn it. Speaking to the women first was a way of demonstrating to them their equal share in their

husband’s reward for learning.

Literal Translation:

Rav Tachlifa says, it is fitting to proceed with women first. And this is because the decree and the

command from Hashem, may He be blessed, to man who receives it, is the covenant and the connection

of Hashem to man, who received the decree. And this is explained in many places. And since the man is

more fitting to the covenant and the connection with Hashem, may He be blessed, since the woman is

more physical, and the level of the woman is not like that of the man, therefore, the man was commanded

first since his level was close to Hashem, may He be blessed. And because of this, the woman destroyed

since the connection of the woman to Hashem, may He be blessed, is not like that of the man. Behold,

her connection is lacking. And since the connection is lacking, it came from this destruction that damages

the connection. And this thing is specifically by the man who did not receive the complete connection

like all of Israel who received a complete connection. Therefore with regard to the man was the

connection according to his level, the man went first and the woman after. All is according to the level of

the person.

Rather, Israel received a complete connection when Torah was given to them. And the proof of

this is that Adam HaRishon received only a portion of the commandments and therefore the connection

was not complete but Israel, since the Torah given to them was compete, their connection to Hashem was

complete. Therefore it is fitting for the woman to be commanded first at the receiving of Torah since this

thing was a complete connection. The woman is not at such a level when she received the decree but it

was a complete connection. And afterwards the man was commanded his connection and his level are

greater than that of the woman. Therefore the command of the woman preceded the man. The receiving

of Torah by the woman shows this that the reception of all of Israel was complete. And this is a greater

thing. Therefore she is mentioned first.

A Letter from HaRav HaGaon Moshe Feinstein zt’l about Feminism

A Letter from HaRav HaGaon Moshe Feinstein zt’l about Feminism

Literal translation of a letter written by HaRav HaGoan Moshe Feinstein zt"l concerning feminism and the exemption of women from positive time bound commandments. (Igros Moshe, Orach Chaim IV #49) (The letter is addressed to a Rav in Boston who had written on behalf of his congregants).

Regarding the distinguished (Jewish) ladies who are fighting along with women of the nations of the world in their (social) movement. These (Jewish) ladies are observant of Torah and want to bring their fight to matters of relevance to Jewish law. Some (of these ladies) pray with tallaisim and so on. They seek my view in this matter and how the rabbi of the shul should handle the matter.

Firstly, you must know that it is an essential matter of faith in our Torah that the written and oral Torah was given by The Holy One Himself at Mount Sinai through Moshe Rabbanu, o"h. It is impossible to change even one point (of the Torah) whether to be more strict or to be more lenient. But we were commanded that when there is a time to establish precautionary measures, it is incumbent on the Sanhedrin and the sages of the Torah to do so, by prohibiting certain things. They also may obligate others. They (the sages) must make it very clear that these are rabbinical obligations. Since our dispersion to foreign lands, we lack the power (to make such enactments). However, the wise men of every region (have the power) to make enactments only for their region and only for a short time.

In view of this, the exemption of women from positive time bound commandments is a (decree) of the Torah. Also, the Rabbis never obligated women (in these commandments) since there is no reason to do so. Indeed, there is a reason to exempt women from these commandments specifically for the reasons that the Torah exempts them.

And besides the reasons for the Torah which are unknown to regular people and to the great scholars, and we are required to believe that there are great reasons of Hashem who gave the Torah, (besides this), there are (non-ultimate) reasons revealed to everyone. (In the matter of the exemption of women from positive time bound mitzvahs) the average woman is not wealthy and has responsibility to raise sons and daughters. This (task) is most important work for Hashem and His Torah and so Hashem made each species so that the woman should raise the offspring. Humans are no exception. The nature of women enables them to raise children. Along those lines, it (the burden) was made easier on the women by not requiring them to learn Torah and to perform positive time bound mitzvahs.

(However) even if the order of the world were to change and all women were wealthy all the time and it were possible to give over the children to men and women (to raise them as is done) in our country, the Torah's law cannot change and neither can that of the Rabbis. It is useless to fight this. Even with the agreement of the entire world, there is no power to change (the Torah) one iota. The women who stubbornly wage war to make such changes are committing heresy.

The Rambam, in chapter three, law number eight, of the Laws on Repentance, says the following: "Three (people) are called heretics: The one who denies even one word spoken by Moshe Rabbainu, the one who denies the explanation of the oral Torah, and the one who switches one word (of Torah) for another. These are heretics and their judgment shall be a forfeiture of their place in the next world.” According to the words of the Rambam, to say that the Creator switches around commandments and all the more so that men can switch around the commandments -- is to say that the Torah is not eternal. And the whole reason (it is called heresy) is that they are rebelling against many verses which teach us of the eternity of the Torah, and so writes the Kesef Mishnah.

Women are permitted to perform (certain) commandments for which they are not obligated and receive divine reward for such performance. And also according to the view of Tosfos, (women) are permitted to make a blessing (on such commandments) as is our custom. (It is our custom also for women to be permitted) to fulfill the commandments of shofar and luluv and to make blessings (on these). Therefore, concerning tzittzit, a woman who wants can dress in a garment not designed for men, as long as this garment has four corners to it, and attach tzittzit to fulfill this commandment.

Concerning the wearing of tfellin, Tosfos writes in Eruvin 96, divray hamaskil: myachal, that (this commandment) should not be performed (by women). Tfellin requires tremendous care to keep the body in (halachic) cleanliness and to focus one's attention. For this reason even men who are obligated in tfellin limit their wearing (of tfellin) from all day to during morning prayers. The Rema holds similarly (Choshen Mishpat, 98:3). Targum Yonason, on the verse: "There should not be a man's clothing on a woman" (holds) that (women should not wear) tzitzit or tfellin since they are garments of men. Tosfos does not believe there to be such a Targum Yonason. This (performance of non-obligatory commandments by a woman) applies only if her soul yearns to perform the commandment even though she is not commanded. (It is another matter) if her intention is to protest against the Holy One and His Torah. Such a posture is not congruent with the performance of a commandment. Indeed, it is a forbidden act and an act of apostasy. Since (such a woman) is trying to amend Torah law.

You should know that all of this (the exemption of women from positive time bound commandments) is not because women are on a lower level of holiness than are men. While obligation in commandments results strictly from one's having holiness, men and women, in that sense, are equal in holiness. All the verses in the Torah regarding holiness refer also to women. (This applies from) the beginning (with) the arrangement to receive the Torah (at Sinai). "You'll be to me a treasure and you'll be to me a holy nation." Exodus 19:6. (The subject of this verse is all of the nation of Israel) as it says "house of Jacob" in referring to the women and "tell to the house of Israel" in referring to the men. Exodus 19:3.

(The references to men and women of all verses regarding holiness extends also after Sinai with) "You'll be for me a people of holiness," parshas Mishpatim, "you'll be holy," parshas Shimini, "holy you'll be and you'll be holy," parshas Kedoshim, and "and a nation of holy people you are to Hashem" parshas Re’eh. Women also (as well as men) are referred to in every mention of holiness.

Therefore women also include in their blessings the words "you have sanctified us with your commandments." (Women do this) even when performing commandments for which they are not obligated. (The exclusion of women from positive time bound commandments) is a leniency made by Hashem for his own reasons and not because of any diminution (regarding the women) Heaven forbid. We explained this earlier.

And concerning the obligations between husband and wife, a husband is obligated to treat his wife with respect and a wife is obligated to treat her husband with respect. (Furthermore) many women were prophetesses and subject to the same laws concerning prophets as were the men (prophets). In many matters, women were praised more than the men by the (written) Torah and by the Rabbis. There is no denigration in their (women's) respect in their exemption from the learning of Torah and positive time-bound commandments. There is no reason to have any gripes.

The distinguished rabbi (of the congregation in question) should explain this every time and be strong and firm in his knowledge that this is all a matter of the Torah and he should correct these women. And after all this if (these women) still stand in their incorrect and stubborn view, (the rabbi) should not allow a single change in the holy customs of Israel.

I end with a blessing for true peace and a good writing and sealing for a good year for the distinguished rabbi and to all that is his, to the whole holy congregation, the men, the women, and the children. 

Rambam, Commentary on Mishnayos: Horarios, Chapter 3

Rambam, Commentary on Mishnayos: Horarios, Chapter 3

Seventh Lubavitcher Rebbe, Menachem M. Schneerson on the Exemption

Explanation for the Exemption of Women from Time-bound Commandments

The Seventh Lubavitcher Rebbe, Menachem M. Schneerson, zt’l

Today’s portion of Rambam concerns the mitzvah to write a Sefer Torah. The obligation to write a Sefer Torah, however, devolves only upon men, not upon women. What connection, then, is there between this mitzvah and women?

We shall resolve this difficulty by first explaining why in general there are certain mitzvos which women are not obligated to carry out. It is not because women are inferior to men. It is because G-d has given each Jew a mission uniquely suited to the individual: A task for men and a separate task for women – and a mission common to both men and women.

The relationship between men and women may be compared to the workings of a person’s body. All of a person’s limbs are part of the one body; yet each limb has a different function: the head – intellect, the heart – emotions, etc. Thus the body has two separate – but simultaneous – dimensions. On the one hand, all its limbs share the same life-force: the blood circulates to all its limbs, and only when circulation in all limbs is proper is the body healthy. Simultaneously, each limb has its own distinct character and function.

Within the body of Jewry, the same two dimensions are operative. There are some aspects of Torah which men and women share equally. For example, the mitzvah, “Love your fellow as yourself.” Since this mitzvah is most important for the continuing health of Jewry – it is Jewry’s “life force” – it devolves upon men and women equally. Similarly, the mitzvah, “to know that there is a First Being” – knowledge, not just faith – is obligatory upon women as upon men.

Simultaneously, there are aspects of Judaism in which men and women differ, with special missions given to a man and others to a woman. So that each can carry out his or her task fully, he or she is freed from other obligations. Although these other obligations are holy matters, the full and proper accomplishment of one’s special tasks demands that one be freed of these other obligations.

For men to carry out their task for example, they are freed of duties such as rearing children from birth. To this end, G-d created the world such that a child, in his early years, needs and is dependent on this mother specifically.

In similar fashion, women were freed of certain obligations so that they can devote themselves fully to their unique task. A child’s education in his early years, for example, is the mother’s responsibility, and to this end, women are freed from the obligation to fulfill certain Mitzvos which men are duty-bound to do. Women are thus able to devote all their energies to their unique mission.

In the above described relationship between men and women – that each is freed of certain duties so that they can properly carry out their primary mission – a wonderful element is introduced. Because G-d is whole and perfect, He implanted the trait of wholeness and perfection also in Torah and mitzvos. Thus, although women are not obligated to perform certain mitzvos, they can still attain the state of wholeness and perfection effected through fulfilling these mitzvos — although they do not actually perform them! How?

Women are freed from performing mitzvos which are obligatory only at a specific time (e.g., tzitzis, which is obligatory only during the day). The AriZal writes concerning such mitzvos: “When the male performs the mitzvah, it is unnecessary that the woman should also do them separately, for she has already been included with him at the time when he does the mitzvah ... This is the meaning of our Sages’ statement, ‘One’s wife is as one’s body.’” Similarly, the Zohar says that a man (or woman) alone is “half a body.”

In other words, when Torah frees a women [sic] from certain mitzvos, it frees her only from doing them— so that she can devote her time and energies to her unique mission. The state of wholeness and perfection that is attained, and the reward that accrues, from these mitzvos, does pertain to women also — through her husband performing them.

This applies even to a girl before she is married, through the fact that her destined partner in marriage performs the mitzvos she is not obligated to do. For just as a man and a woman are but “half a body” before marriage, and are whole only when married, so too their soul is whole only when they are together: that is, a man and wife have a single soul.

However, although destined partners in marriage have one soul (as the soul is in the heavenly spheres), G-d’s desire is that when that soul descends to earth it should for a time (before marriage), be divided into two: half the soul in the boy and half in the girl. Each fulfills its mission separately until the right time comes when G-d joins them, and they fulfill their tasks together, fortified by the special Divine blessing (Bereishis 1:27-28), “He created them male and female; and He blessed them.”

The joining of two halves of one soul, which for years were separated from each other, sometimes even in different lands, is the reason for the intense joy at a marriage, infinitely greater than the joy at any other event. It is the greatest joy imaginable when G-d, Who “sits and makes matches, assigning this man to that woman and this woman to that man,” brings the halves of the soul together to make them again one soul.

G-d, of course, knows even before marriage to whom each half of a single soul belongs. Thus, when a boy performs a mitzvah devolving on men only, his fulfillment of it counts also for the other half of the soul which resides in his destined wife. He may not know of it, but G-d does.

In the light of the above, we can now understand that the mitzvah of writing a Sefer Torah applies to women and girls, too.

Sichos in English, Iyar-Tammuz 5744, Vol. 21, pp. 69-72, N’shei Convention.

Chabad.org: Convention of N’shei Ubnos Chabad, 25th Day of Iyar, 5744 (1984)

Explanation of R' Hirsch

Letter to the Editor

Jewish Observer

February 1997

Magen Avraham

Shmuel 1:1  And Chana prayed upon her heart.

Yalkut Shemoni: Why were women grouped with children and slaves concerning mitzvos? Because they have but one heart, as the verse says, “And Chana prayed upon her heart.”

Ziies Ra’anan (the Magen Avraham): Women with children: The explanation concerns the positive time bound commandments. One heart: The yetzer tov does not dwell in them sufficiently. Therefore, if the positive time bound commandments were imposed upon them, it is likely that they would not do them.

Rambam and the Bartenura