76b----------------------------------------76b

1)

WOMEN SHOULD STAY INSIDE [women:Tzeni'us]

(a)

Gemara

1.

(R. Yochanan): Avner told Do'eg 'We learned that an Amoni and a Mo'avi are forbidden, but an Amonis and a Mo'avis are not!'

2.

Question (Do'eg): If so, you should say that a Mitzri is forbidden, not a Mitzris!

3.

Answer (Avner): Mo'avim are forbidden "Because they did not go out to greet you with bread and water." This does not apply to women. It is normal for men to go out to greet, but not for women.

4.

Objection (Do'eg): The men should have gone out to greet the men, and the women to greet the women!

5.

Avner was silent.

6.

Question: How can we answer?

7.

Answer #1 (Chachamim of Bavel): "Kol Kevudah Vas Melech Penimah" (it is dishonorable for women to go outside, even to greet women).

8.

Answer #2 (Chachamim of Eretz Yisrael): We learn this from " ... Where is your wife Sarah?" (It is praiseworthy that she stayed in the tent.)

9.

(Beraisa - R. Yehudah): "Amoni" and "Mo'avi" are forbidden, not Amonis and Mo'avis;

10.

R. Shimon says, "Because they did not go out ..." - it is the way of a man ...

11.

Nazir 12a (R. Yochanan): If Reuven made a Shali'ach to be Mekadesh an unspecified woman and the agent died, Reuven may not marry any woman (Leah), lest the Shali'ach was Mekadesh Leah's relative to Reuven.

12.

Question (Reish Lakish): When a Hekdesh bird flies away, we are not concerned about other birds (lest it is the Hekdesh bird; we follow the majority. The same should apply here (most women are not Leah's relatives)!

13.

Answer (R. Yochanan): Because woman do not roam, the Safek is considered Kavu'a (fixed), so we don't follow the majority.

14.

Sotah 44b (Mishnah): In a war that is a Mitzvah, everyone goes to fight, even a Chasan from his room and a Kalah from the bridal canopy.

15.

Gitin 12a (Beraisa): If a wife was exiled to a refuge city, her husband must feed her. He can tell her to feed herself from her earnings only if she earns enough to feed herself.

16.

Question: If she can earn enough, this is obvious!

17.

Answer: One might have thought that due to "Kol Kevudah...", she need not work and he must feed her. The Beraisa teaches that this is not so.

18.

Shevu'os 30a - Question: What is the source that (women are invalid witnesses, so) Shevu'as ha'Edus does not apply to women?

19.

Answer (Beraisa): "V'Omdu Shnei ha'Anashim" refers to the witnesses.

20.

Question: Perhaps it refers to the parties in the case!

21.

Answer #1: The Torah would not say "men", for women also need to come for judgment.

22.

Answer #2: If you prefer, you can learn from "Shnei" (masculine).

23.

Question: What objection might one have to the first answer?

24.

Answer: Normally women do not come to Beis Din for judgment (rather, they send a man to plead their case), due to "Kol Kevudah..."

(b)

Rishonim

1.

Rambam (Hilchos Ishus 13:11): A man must give his wife clothing like women normally wear outside in order that she can go to her father or a house of mourning or Simchah. She may go to these places to bestow Chesed to her friends and relatives, in order that they will come to her. She is not a prisoner who may not come and go. However, it is degrading for a woman to always be outside and on the streets. A man should prevent his wife from doing so. She should go outside once or twice a month, according to the need. The beauty of a woman is to stay inside - "Kol Kevudah Vas Melech Penimah".

i.

Source (Magid Mishneh): Bereishis Rabah (45:5) says that when the Torah discusses the detriment of women, it says that they go out - 'Va'Tetzei Dinah". The Sifri (Tetzei 242 (23)), regarding a Na'arah Me'orasah who was enticed to Zenus, says that a breach (going out in the city) calls to the thief. Bereishis Rabah (8:12) reads "Kivshuha" like 'Kavshah' to teach that a husband should prevent his wife from going out too much

2.

Rambam (Nedarim 12:11): If a woman vowed not to give water to her husband's animals, he cannot annul it. A wife need not do this for her husband.

i.

Kesef Mishneh: A wife must give straw to her husband's animals, but she need not give water. This is because normally one leaves the house to go to the river or spring for this, and "Kol Kevudah..."

3.

Rambam (Melachim 7:4): In Milchemes Mitzvah everyone goes to fight, even a Chasan from his room and a Kalah from her Chupah.

i.

Radvaz: Women do not fight, due to "Kol Kevudah." Rather, a Kalah leaves the Chupah, i.e. she forfeits the week of Sheva Berachos because her husband must go to fight. Alternatively, women supply water and food for their husbands, like Aravi women do nowadays.

ii.

Sefer ha'Chinuch (Mitzvah 603): Women do not fight in war.

iii.

Question (Minchas Chinuch): What is the source to exempt them? This is an Aseh that is not Zman Grama!

iv.

Rambam (introduction to Sefer ha'Mitzvos DH v'Atah): Women are exempt from optional wars.

v.

Rashash (Sotah 44b b'Mishnah): It is a Chidush that women go. Perhaps they go to prepare food for the men.

4.

Rosh (Kesuvos 13:17): If a man married a woman from a city of the same quality as his own, even if he married her in his city we force him to live in her city. We learn from "Be'ulas Ba'al"... Another reason is because he can go to visit his friends, but she cannot, due to "Kol Kevudah."

5.

Rosh (Shevu'os 4:2): The Ri ha'Levi learns from our Gemara that we do not disgrace an honorable woman to go to Beis Din, due to "Kol Kevudah." Rather, we send a Shali'ach of Beis Din to hear her claims. The Aruch and R. Chananel agree. The Ramban and Teshuvos of the Rif and Rav Sadya Gaon do not allow this. The Rif allows only that Beis Din send scribes to record her claim. The same applies to a Chacham for whom it is degrading to argue with Amei ha'Aretz in Beis Din; his honor is greater than a woman's.

i.

Teshuvos Maimoniyos (Mishpatim 5): The Gemara (Nazir 12a) says that women are Kevu'os due to "Kol Kevudah."

(c)

Poskim

1.

Shulchan Aruch (73:1): A man must give his wife clothing like women normally wear outside. A woman should not go outside much. The beauty of a woman is to stay inside - "Kol Kevudah..."

i.

Gra (4): Hash-m did not create Chavah from Adam's foot, lest she roam too much (Bereishis Rabah 18:2). "Ishtecha k'Gefen Poriyah" is only when she is modest "b'Yarkesei Veisecha" (Medrash Tehilim 128:3).