1)

AN ALTERNATIVE WAY TO LEARN

(a)

Question: According to the opinion that learns from Shnei Kesuvim, what is the source (to exempt women from Mitzvos Aseh sheha'Zman Gerama)?

(b)

Answer (Rava): "(You will wear Tefilin)... in order that Hash-m's Torah will be in your mouth" equates the entire Torah to Tefilin;

1.

Just like Tefilin is an Aseh sheha'Zman Gerama and women are exempt, they are exempt from every such Aseh.

2.

Inference: They are exempt from an Aseh sheha'Zman Gerama, but they are obligated in Aseh she'Lo ha'Zman Gerama.

(c)

Question: This answer is like the opinion that Tefilin is Zman Gerama. According to the opinion that Tefilin is not Zman Gerama, how can we answer?

(d)

Answer: R. Meir holds that it is not Zman Gerama. He holds that we do not learn from Shnei Kesuvim (he learns like on 34b).

(e)

Question: Rebbi Yehudah also holds that Tefilin is Lo ha'Zman Gerama, and he holds that we learn from Shnei Kesuvim. How can he learn?

(f)

Answer: Matzah, Simchah and Hakhel are Sheloshah Kesuvim that obligate women. (All agree that we do not learn from Sheloshah Kesuvim.)

2)

LAVIM

(a)

(Mishnah): Every Lav (is obligatory for men and women...)

(b)

Question: What is the source for this?

(c)

Answer (Rav Yehudah): "A man or a woman who will transgresses any Aveirah" equates men and women for all punishments.

(d)

(Beraisa - Tana d'Vei R. Eliezer): "That you will put in front of them" equates men and women for all (monetary) laws.

(e)

(D'Vei Chizkiyah - Beraisa): "That will kill a man or woman" equates killing a man to killing a woman.

(f)

The Torah needed to teach about all of these;

1.

Had it taught only about punishments, one might have thought that this is so she will get atonement, but (monetary) judgments are for men (since normally, men do business);

2.

Had it taught only about judgments, one might have thought that this is so she can do business and earn a living, but Kofer (ransom for one killed by a Mu'ad animal) applies only to men, for they are commanded in all the Mitzvos.

35b----------------------------------------35b

3.

Had it taught only about Kofer, one might have thought that this is because a life was lost, but punishments and judgments do not apply to women.

3)

SHAVING AND CUTTING THE PE'OS

(a)

(Mishnah): ...Except for cutting the Pe'os (the hair at the corners of the head, i.e. the sideburns), shaving (the corners of the beard), and becoming Tamei (Mes).

(b)

Question: We know the source that they are exempt from the Lav of Tum'ah - "the Kohanim Bnei Aharon", not the daughters of Aharon;

1.

What is the source that they are exempt from cutting the Pe'os and shaving?

(c)

Answer: "Do not round the corner of your heads and do not destroy the corner of your beards" - whoever is commanded about the beard is commanded about the Pe'os;

1.

Since women are not forbidden to shave, they are not forbidden to cut Pe'os.

(d)

Question: What is the source that they are exempt from shaving?

(e)

Answer #1: Reasoning teaches this, for women have no beards!

(f)

Answer #2: We learn from "Do not round the corner of your heads and do not destroy the corner of your beard";

1.

It uses the singular form for beard to teach that shaving does not apply to (all, i.e.) women.

(g)

Question (Beraisa): The beard of a woman, or of a Seris (one who does not develop like a normal male) it is considered like a beard in all respects.

1.

Suggestion: It is like a beard regarding the Isur to shave!

2.

Rejection (Abaye): That cannot be. We learn a Gezeirah Shavah "Pe'as-Pe'as" from the Isur of Kohanim to shave. Just like that Isur does not apply to women (it says "Bnei Aharon"), also the Isur of Yisre'elim to shave does not apply to women.

3.

Question: It says "Bnei Aharon" regarding Tum'ah. If the exclusion of Bnos Kohanim applied also to shaving, there would be no need for the Gezeirah Shavah!

i.

The Torah gave extra Mitzvos to Kohanim, yet the Isur to shave does not apply to Kohanos. All the more so, the Isur for Yisre'elim to shave does not apply to women!

4.

Answer: We would have said that "Bnei Aharon" does not apply to shaving, for there is an interruption. (Rashi - in between, the Torah commands a Kohen to become Tamei for his deceased relatives. This is also for women, not only for Bnei Aharon.) We know that this is not so only because of the Gezeirah Shavah. (If Kohanos were forbidden to shave, the Gezeirah Shavah would not teach anything!)

5.

Question: The Gezeirah Shavah could teach like the following Beraisa! ("Bnei Aharon" would not apply to shaving.)

i.

(Beraisa) Suggestion: Perhaps one is liable for "they will not shave" even for shaving with scissors!

ii.

Rejection: "Do not destroy (the corners of your beard)" teaches that this is not so. (Scissors do not cut the entire hair, this is not destruction.)

iii.

Suggestion: Perhaps one is liable for destroying (removing) his beard with a planing tool or tweezers!

iv.

Rejection: "Do not shave" teaches that this is not so (these are not ways of shaving).

v.

The Torah forbade shaving that destroys, i.e. with a razor.

6.

Answer: We could have made the Gezeirah Shavah even had the Torah written 'do not round the Pe'as (corner) of your heads and do not destroy Es (it, i.e. the corner) in your beards' (this is like writing 'the Pe'as in your beard');

i.

The Torah explicitly wrote "Pe'as of your beard" to show that the Gezeirah Shavah teaches us more (i.e. that Benos Yisrael are exempt, just like Benos Aharon).

(h)

Our question remains!

1.

(Beraisa): The beard of a woman, or of a Seris (one who does not develop like a normal male) it is considered like a beard in all respects.

(i)

Answer #1 (Mar Zutra): It is considered a beard if Tzara'as appears in it.

(j)

Objection: It explicitly says "a man or woman who will have a plague in the head or beard..."! (Why must a Beraisa teach this?)

(k)

Answer #2 (Mar Zutra): Rather, 'it is considered a beard' teaches that a Metzora must shave it to become Tahor.

(l)

Objection: This is obvious. Since Tum'as Tzara'as applies to it, it is also like a beard to become Tahor!

(m)

Defense of Answer #1: Really, it is considered a beard if Tzara'as appears in it;

1.

One might have thought that the verse means that a man or woman can have a plague of the head, but only men can have plagues of the beard. The Beraisa teaches that this is not so.

4)

MAY A WOMAN TEAR HER HAIR?

(a)

(Isi - Beraisa): Women are also exempt from tearing out their hair (in grief over a Mes).

1.

Isi expounds "You are sons to Hash-m... do not scratch yourselves or make a bald spot due to a Mes, for you are a holy nation" - sons are commanded, but daughters are not.

(b)

Suggestion: Perhaps women are excluded from scratching, but they are commanded about a bald spot!

(c)

Rejection: "You are a holy nation to Hash-m" includes women (they may not scratch themselves).

(d)

Question: Perhaps "nation" forbids women to make a bald spot, and "sons" permits them to scratch themselves!

(e)

Answer #1: It is more reasonable to say that women are commanded about scratching, for this applies in all places, whether or not hair grows there;

1.

Making a bald spot applies only where hair grows.

(f)

Question: Perhaps "sons" excludes daughters, regarding both scratching and tearing out hair!

1.

"You are a holy nation to Hash-m" - would include women for the Isur to scratch themselves with a tool.

(g)

Answer: Isi holds that there is no distinction between scratching by hand or with a tool.

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