One of the issues discussed in today’s daf TB Rosh Hashana 33 is the status of women concerning the mitzva of shofar. Classically women are exempt from observing positive time-bound commandments. “All positive mitzvot that are time- bound, men are obligated and women are exempt. And all positive commandments they’re not time bound, both men and women are obligated” (Mishnah, Kiddushin 1:7) The mitzva of hearing the shofar blasts is a positive time-bound commandments since we only blow the shofar during the daytime and never at night. Rabbi Yehuda and Rabbis Yosei and Shimon disagree whether a woman may blow the shofar are not.
“The mishna further teaches: One need not prevent
children from sounding the shofar on Rosh HaShana. The Gemara
infers: If women wish to sound the shofar, one indeed prevents
them from doing so. The Gemara asks: Isn’t it taught in a baraita
that one does not prevent women or children from sounding the shofar
on a Festival? The Gemara answers that Abaye said: This is not
difficult: This mishna is in accordance with the opinion of Rabbi
Yehuda, while that baraita is in accordance with the opinion
of Rabbi Yosei and Rabbi Shimon.
“As it is taught in a baraita: “Speak to the
children of Israel…and he shall place his hands upon the head of the
burnt-offering” (Leviticus 1:2–4). The phrase “children of Israel” literally
means sons of Israel, and this teaches that the sons of Israel place
their hands upon offerings, but the daughters of Israel do not place
their hands upon offerings; this is the statement of Rabbi Yehuda. Rabbi
Yosei and Rabbi Shimon say: It is optional for women to place
their hands on the head of an offering before it is slaughtered, although they
are not obligated to do so. Apparently, according to the opinion of Rabbi Yosei
and Rabbi Shimon, if a woman wishes to perform any mitzva that is not
obligatory for her, she is permitted to do so. Here too, one does not prevent a
woman from sounding the shofar.” (Sefaria.org translation)
Rashi
explains the thinking behind Rabbi Yehuda’s prohibition. Since women are exempt
from the mitzva of shofar, they would be violating the commandment “bal tosif- To not add to the
commandments and their understanding: That we were prevented not to add to
the written Torah, nor to the oral Torah. And about this is it stated (Deuteronomy 13:1), ‘do
not add to it.’"[1] We will see that Rabbi
Yehuda’s position is the minority position.
My
teacher Dr. Israel Frankus writes:
“All
the early authorities, with the exception of one, agree that women may perform mitzvot from which they are legally
exempt. Dispute among them centers around the question of whether these women
are also permitted to recite the require blessing. Rashi, Rambam, and their
followers hold that they may not recite the blessing. If she does recited, she
would be guilty of transgressing the prohibition of making a brakha l’vatala[2]. According to this view, women
may perform but cannot fulfill a mitzva from which they are exempt. Hence, they
cannot be motzi (fulfill the
commandment on behalf of-gg) a man, who is a hiyuv (obligated-gg) and is therefore obliged also to recite a
benediction as part of the mitzva.
“There is, however a more liberal view. RabenuTam (See the Tosefot on our daf ד"ה הָא רַבִּי יְהוּדָה, הָא רַבִּי יוֹסֵי וְרַבִּי שִׁמְעוֹן.), Raavan, and many others are of the opinion that women may not only perform a mitzva from which they are exempt, but they may also recite the appropriate blessing. According to this view, the act of a woman who chooses to perform such a mitzva will be no different from the ‘act’ of a man performing the same.”[3]
The Shulkan Arukh poskins like the Rambam that women may
blow the shofar, but without reciting the blessing. That is the Sephardic custom.
Rabbi Moshe Iserless, who wrote the gloss on the Shulkhan Arukh describing the
Ashkenazic tradition, poskins that
women may blow the shofar and recite the blessing. Consequently, we are not
surprised that this is indeed the Ashkenazic custom. (Shulkhan Arukh, Orekh
Hayim, 586:6)
[1] Sefer
HaHinukh, Mitzvah 454, Sefaria.org translation
[2] The
blessing contains the name of God, and one is not permitted to use His name in
vain. One might then argue, since she is not obliged to perform the mitzvah,
that it is a brakha l’vatala ("a
useless benediction") and, therefore, a frivolous use of His name.
[3] The
Ordination of Women as Rabbis: Studies in Responsa, edited by Simon
Greenberg, pages 40-41. I did not footnote Dr. Frankus’ sources he cited in his
footnotes. If interested, refer back to the original article.
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