KIDUSHIN 36 (15 Cheshvan) - sponsored by Rabbi and Mrs. Mordecai Kornfeld in celebration of tonight's marriage of their daughter, Malkie, to Rav Shmuel Moshe Peters. May they be Boneh a Bayis Ne'eman b'Yisrael and raise children and grandchildren in the way of Torah and Yir'as Shamayim!

1)

WHICH LAVIM ARE WOMEN COMMANDED ABOUT? [women: Mitzvos: Lavim]

(a)

Gemara

1.

29a (Mishnah): Men and women are both obligated in every Lav, whether or not it is Zeman Gerama (applies only at certain times), with three exceptions. Women may round the corners of the head, shave the beard, and become Tamei Mes (even Kohanos).

2.

Kidushin 35b (Isi - Beraisa): Women are also exempt from Karachah (tearing out hair out of grief over a Mes).

3.

Isi expounds "You are sons to Hash-m... do not make Seritah (a wound through scratching) or Karachah due to a Mes, for you are a holy nation." Karachah applies only to males. "You are a holy nation" includes women for Seritah.

4.

Question: Perhaps "nation" forbids Karachah, and "sons" permits Seritah!

5.

Answer #1: Presumably they are commanded about Seritah, which applies even where hair does not grow. Karachah applies only where hair grows.

6.

Answer #2 (Abaye): Isi learns a Gezeirah Shavah "Karachah-Karachah" from the Isur Karachah for Bnei Aharon to tear hair. Just like that does not apply to women (it says "Bnei Aharon"), also Yisre'elim's Isur of Karachah.

7.

Answer #3 (Rava): Isi learns a Gezeirah Shavah "Bein Eineichem" from Tefilin. Just like women are exempt from Tefilin, also from Karachah.

8.

Pesachim 43b: "Lo Sochal Alav Chametz Shiv'as Yomim Tochal Alav Matzos" - whoever is commanded to eat Matzah, is forbidden to eat Chametz. Eating Matzah is Zeman Gerama. One might have thought that women are exempt from it, and also from the Lav of Chametz. A verse explicitly forbids Chametz to them, and therefore, they are commanded to eat Matzah, like R. Elazar taught;

i.

"Lo Sochal Alav Chametz Shiv'as Yomim Tochal Alav Matzos" - whoever is forbidden to eat Chametz is commanded to eat Matzah.

9.

Temurah 2b (Beraisa): One might have thought that a woman cannot make Temurah, because the entire Parshah is written in the masculine. "V'Im Hamer Yamir" teaches that she can make Temurah.

10.

Question: Why do we need a verse? Rav Yehudah taught that "Ish O Ishah..." equates men and women for all punishments!

11.

Answer: One might have thought that they are equated only for sins that apply even to the Tzibur. The Tzibur or partners cannot make Temurah.

(b)

Rishonim

1.

Rif and Rosh (1:60): The Halachah does not follow Isi. In the Yerushalmi, Rav Hamnuna told men to tell their wives not to pull out hair over a Mes.

i.

Ran (DH Isi): Even though the Gemara explained Isi, the Halachah does not follow him against our Stam Mishnah. Also, the Yerushalmi rules unlike him.

2.

Rambam (Hilchos Avodah Zarah 12:3): Every Lav applies to men and women, except for cutting the sideburns, shaving the beard, and becoming Tamei Mes.

3.

Tosfos (Pesachim 43b DH Salka, citing the Ri): Why did the Gemara think to exempt women from the Lav of Chametz? We always make a Hekdesh to be stringent! It is because the Seifa of a verse normally explains the Reisha. Or, we would have exempted them from Matzah from a Gezeirah Shavah from Sukos.

4.

Rejection (Tosfos): According to the Ri, women should be exempt from Sha'atnez, since they are exempt from Tzitzis!

5.

Rambam (Hilchos Temurah 1:1): One is lashed for Temurah even though it is Nitak to an Aseh "it and its Temurah will be Kodesh" because the Lav is unlike the Aseh. A Tzibur or partners are forbidden to make Temurah, but if they did, it is not Kodesh (the Aseh does not apply to them).

i.

Question (Lechem Mishneh): The Rambam says that Temurah applies to everyone. He had Rashi's text, in which the Hekesh equates women to men only for Lavim with an action - "Asher Ya'aseh." The Hekesh only teaches that she is punished for Temurah. In any case we need a verse to teach that it takes effect. Perhaps she is like partners! They are lashed for Temurah, but it does not take effect!

ii.

Answer (Lechem Mishneh): Since also a woman is warned, also "it and its Temurah will be Kodesh" applies also to her.

iii.

Question (Tzlach Pesachim 84a DH Ba): According to the Rambam, also the Lav of (not allowing Korbanos to become) Nosar is unlike the Aseh! The Lav applies even to women, but the Aseh does not, for it is only during the day!

iv.

Answer (Tzlach): Surely the Aseh to burn Pesach applies to women, for it is written in the same verse as the Lav - "Lo Sosiru... veha'Nosar..." Whoever is commanded Lo Sosiru is commanded "veha'Nosar ba'Esh Tisrofu." This is like Tosfos (43b). According to the Ri, the Seifa explains the Reisha; women are exempt even from the Lav. In any case, the Lav and Aseh are equal. Really, since women are included in Korban Pesach, they are included for all its Mitzvos. Surely they must eat it only roasted, and with Maror!

(c)

Poskim

1.

Shulchan Aruch (YD 180:12): Also women are forbidden not to make Karachah.

2.

Rema: All the more so, they are forbidden to make a Seritah.

i.

Taz (3): Karachah is forbidden, even though the Torah is lenient for women regarding hair, e.g. shaving the beard and cutting Pe'os. All the more so, Seritah, which does not depend on hair, is forbidden.

ii.

Gra (16): It is all the more so, because even Isi forbids Seritah.

iii.

Pri Megadim (introduction to OC, 2:14 DH v'Hinei): Whether or not women are obligated in a Lav she'Ein Bo Ma'aseh (there is no action) requires investigation. Rashi in Kidushin (35a DH l'Chol) equates women to men for all punishments, i.e. Lavim punishable by lashes. This implies that they are exempt from Lav she'Ein Bo Ma'aseh. Rashi in Yevamos (84b DH Onshim) equates them for Lavim and Kares. The Rambam (Avodah Zarah 12:3) obligates women in all Lavim except for Pe'os, shaving, and Tum'as Mes

iv.

Minchas Chinuch (8 DH Noheges): Sefer ha'Chinuch says that women may not let Korban Pesach become Nosar. Also the Rambam exempts them only from three (other) Lavim. What is the source to obligate them? There are no lashes, for Ein Bo Ma'aseh and it is Nitak l'Aseh! Perhaps the Gemara only asked the source for a Lav sheha'Zman Gerama. They are obligated even in an Aseh (that requires action) she'Lo ha'Zman Gerama, all the more so in a Lav she'Lo ha'Zman Gerama! However, we use Rav Yehudah's teaching to teach about Isurei Kehunah (Yevamos 84b) and Temurah (Temurah 2b), which are not Zman Gerama. In Temurah, one's words take effect like an action. We cannot learn to Lavim without an action. Perhaps the Rambam can learn from Temurah, for his text considers Temurah to have no action.

v.

Pri Megadim (ibid., 15): Women are included when the Torah uses the masculine form or says "Benei Yisrael", but not when it says "Ish". However, the Mizrachi (Emor 21:1 DH Benei) says that "Benei Yisrael" excludes women, unless Rav Yehudah's Hekesh includes them (punishments).

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