Mitzvot Aseh SheHazman Grama

From Halachipedia

Basics

  1. Women are exempt from all time bound positive commandments (Mitzot Aseh Shehazman Grama) with a few exceptions, which will be listed below. [1]
  2. If a women wants to do a Mitzvah that she is exempt from she is permitted and encouraged to do so. Ashkenazim hold that women can make a bracha on such mitzvot even though they are exempt, while Sephardim hold that women can't make a bracha since they are exempt. [2]

Daily Mitzvot

  1. Tzitzit is a Mitzvah Aseh SheHaZman Grama and so women are exempt. [3] Even though usually women are allowed to fulfill מצות from which they are exempt, by Tzitzit it’s preferable that women do not fulfill this mitzvah. [4]
  2. Tefillin is a Mitzvah Aseh SheHaZman Grama and so women are exempt. Even though usually women are allowed to fulfill מצות from which they are exempt, by Tefillin it’s preferable that women do not fulfill this mitzvah. [5]
  3. Tefilla is a Mitzvah Aseh SheHaZman Grama but nonetheless women are obligated in praying once a day and it’s praiseworthy to pray three times a day. [6] There is a dispute regarding Mussaf; see further Sh”t Yabea Omer 2:6(7).

Brachot

  1. Regarding the mitzvah of saying one hundred Brachot each day some consider it a Mitzvah Aseh SheZman Grama, while others disagree.
  • Rav Elyashiv in Yashiv Moshe (pg 19) and Birkat Eitan (pg 61), **Rav Shechter in “Women at Prayer” at yu.edu, Rav Ovadyah in Halichot Olam (vol 1 pg 59) and Yalkut Yosef (Otzer Dinim LeIsha pg 75), and Hilchot Bat Yisrael (end of chapter 14) write that a women is obligated since it’s a obligation that applies the whole day and is renewed every day similar to the Shagat Aryeh regarding Zecher Yetziat Mitzrayim in Shema. However, Halichot Bayita 13:1 in name of Rav Shlomo Zalman, Sh”t Teshuvot VeHanhagot 2:129, Sh”t Shevet HaKehati 3:63, Birkat Eitan (pg 62), Vezot HaBracha (pg 185, chapter 20), Sh”t Atret Paz 1:1, Shevet HaLevi 5:23, and Sh”t Rivevot Efraim 3:47, 5:114 write that a women is exempt and some base it on the Magan Avraham regarding Zecher Yetziat Mitzrayim in Shema who disagrees with the Shagat Aryeh.
  1. Birkat HaMazon isn't considered Zman Grama and women are obligated. [7]

Shabbat

  1. Women are obligated in Kiddush on Shabbat. Even though Kiddish is a time bound positive mitzvah women are obligated because there is a comparison between Shamor and Zachar and since women are obligated to keep the negitive commandments of Shabbat so too they're obligated in the positive mitzvot of Shabbat. [8]
  2. Some say that there’s an obligation of women to hear Kriyat HaTorah but the minhag is to lenient in this regard. [9]
  3. Women are obligated in Melaveh Malka. [10]

Holidays

  1. Women are obligated to eat Matza on the first night of Pesach. Even though this is a time bound positive mitzvah, Chazal write that just like women are obligated to avoid Chametz on Pesach so too they're obligated in the mitzvah of eating matzah (as the pasuk juxtaposes eating matza and avoiding chametz). Similarly, they are obligated in all the mitzvot of the night such as the 4 cups of wine, Matzah, Maror, and saying the Haggadah. [11]
  2. Women are exempt from the mitzvah of sitting in the sukkah. [12] See Sitting in the Sukkah.
  3. Women are obligated in Chanuka candles since they too were part of the miracle of Chanuka. Thus a man who is away traveling he should have his wife light at home for him to fulfill his obligation. Even if he will come that night later than Tzet HaKochavim (the night to light Chanuka candles), he should still have his wife light. Ashkenazim who have the Minhag that everyone in the household lights and they are able to light where they are should light without a bracha. [13] See Lighting Chanuka Candles.
  4. The Shitat HaKadmonim (last page of bava kama) has the Sh”t Maharam Chavallah (a rishon; the Sh”t was written by the Maharam Challavah’s son in name of his father) which writes that his Rabbi, the Ramban, held that women are obligated in Sefirah (See Ramban Kiddushin 34a). The Maharam Challavah explains that since the time doesn’t cause the mitzvah it’s not considered “Zman Grama”. It happens to be time-bound since of another factor which is that the mitzvah of Sefirah depends on the Korban Omer which itself is bound by time. The Sh”t Maharam Challavah compares it to the obligation on women to eat Shabbat meals which require Birkat HaMazon. That doesn’t make Birkat HaMazon a mitzvah Aseh SheZman Grama because the Birkat HaMazon is obligated as a result of the meal which itself is time bound.

Af Hen Hayu BeOtto HaNes

  1. There's certain which woman shouldn't have been obligated in for one reason or another, but because woman were particularly involved with the story which is being celebrated, woman are obligated.[14] Below are the applications of this principle:
  2. Women are obligated in listening to the Megillah. [15]
  3. Women are obligated to drink the four cups of wine at the Pesach Seder.[16]
  4. Women are obligated to light Chanuka candles. [17]

Mitzvot that don’t apply nowadays

  1. Turei Even (Chagigah 15) writes that Semicha on a Korban isn’t a Mitzvah Aseh SheHaZman Grama since the mitzvah doesn’t have a fixed time. Regarding Tefillin there’s one day to do it and afterwards the mitzvah is lost and there’s a new Mitzvah to wear Tefillin. However, by Semicha that same Mitzvah could be done any day during the daytime. [See Minchat Elazar 2:47’s second reason regarding the building of the Bet HaMikdash.]
  2. The Rambam (Bet HaBechirah 1:12) writes that everyone is obligated in building the Bet HaMikdash. The questioner in Sh”t Shoel UMeshiv Tanina 3:89 (beginning paragraph D”H Heneh) inquires as to why women are obligated since it’s a mitzvah that only applies during the day and being a time-bound mitzvah, women should be exempt.
  • However, the Sh”t Shoel UMeshiv answers that because men are obligated, women are also obligated. The reason for this is since the whole reason of a women being exempt is that women are subservient to their husbands and don’t have time to fulfill time-bound מצות, however since their husbands are obligated, they too can fulfill this mitzvah properly.
  • Alternatively, the Sh”t Minchat Elazar 2:47 writes that since the mitzvah includes donations to the Bet HaMikdash which can be given at night as well, then it’s not considered a time bound mitzvah.
  • The Minchat Elazar’s second reason is that since the mitzvah is incomplete and could continued to be fulfilled each day, then, even if the mitzvah doesn’t apply during the night, still it’s considered not time-bound unlike Tefillin which is time bound and once the day passes there’s a new mitzvah to fulfill. [See Turei Even regarding Semicha.]

References

  1. ↑ The gemara Kiddushin 29b learns from the pasuk that says "ולמדתם אותם את בניכם" (Devarim 11:19) that the obligation of Talmud Torah applies to men and not women. Next the gemara Kiddushin 34a derives this halacha from the juxtaposition in the pesukim (Devarim 6:7-8 and 11:18-9) between Tefillin and Talmud Torah, just like women are exempt from Talmud Torah so too they are exempt from Tefillin. Then, gemara kiddushin 35a writes that the pasuk in Shemot 13:9 compares Tefillin to all mitzvot to teach us that just like Tefillin is a positive time bound mitzvah and women are exempt so too all positive time bound mitzvot women are exempt. See the gemara there for the full discussion. The Mishna Kiddushin 29a rules that women are exempt from positive mitzvot that are time bound. This is codified by the Rambam (Avoda Zara 12:3), Tur and S"A 17:2.
  2. ↑ Rambam Tzitzis 3:10 writes that since women are exempt from the Mitzvah of Tzitzit they can't make a Bracha on it. However, Tosafot Eruvin 96a and Tosafot Kedushin 31a in the name of the Raavad and Rabbenu Tam argue that even if you are exempt from a mitzvah you can make a bracha if one wants to do the mitzvah.
  3. ↑ S”A 17:2
  4. ↑ Mitzvat Nashim (pg 34) quoting Ben Ish Chai (Lech Lecha #13), Sh”t Mishneh Halachot Tanina 1:21, Sh”t Igrot Moshe O”C 4:49 and others
  5. ↑ S”A and Rama 38:3, Mitzvat Nashim (pg 35)
  6. ↑ Sh”t Yechava Daat 3:17
  7. ↑ S"A 186:1
  8. ↑ Gemara Brachot 20b, Rambam Avoda Zara 12:3, S"A 271:2
  9. ↑ Mishna Brurah 282:12, see Rivevot Efraim 6:153(21)
  10. ↑ Piskei Teshuvot 300:1, Rivevot Efriam 2:89
  11. ↑ Pesachim 43b, Rambam (Chametz UMatzah 6:10), S"A 472:14, Mishna Brurah 472:45
  12. ↑ Mishna Sukkah 28, S"A 640:1
  13. ↑ S”A 565:5 says that women are obligated in Chanuka candles based on Shabbat 23a, Rambam (Chanuka 4:9), and Tur 565. Piskei Maharam Riketani (154) holds women can fulfill a man’s obligation on his behalf. So holds Rabbenu Yerucham 9:1, Rokeach Chanuka 226:3, Ritva and Meiri (Shabbat 23a, Megilah 4a), Maharil (Chanuka pg 407). Levush (675), Bach (675), Taz(675:4), Magan Avraham 675:4, Olot Shabbat 675:1, Pri Chadash 675:4, Eliyah Raba 675:6, Sh”t Shar Efraim 42, Shulchan Gavoha 675:6, Mor Ukesia 675:6, machzik Bracha 675:4, Mishna Brurah 675:9. Sh”t Yechava Daat 3:51 writes that since some rishonim and achronim hold one can only light at Tzet HaKochavim one should let his wife light at the right time and fulfill his obligation according to all opinions. The Yechava Daat holds like the Chaye Adam 154:33. Kaf Hachiam 676:25. Chaye Adam adds that Ashkenazim can light without a bracha. Interesting point: S”A 689:2 says a women can read the megillah to fulfill for a man his obligation of megillah, and some hold otherwise. [Bahag (quoted by Tosfot Megilah 4a, Erchin 3a) and Morchedai 4a in name of Ravyah (Megilah 569,843) hold women can’t fulfill the obligation of a man, but Rashi Erchin 3a, Or Zaruh 2:324, Rambam(Megilah 1), Rif (quoted by Sefer Eshkol 2:30) hold a women can fulfill obligation of a man]. However Smag (brought by Magan Avraham 589:5), Itur (Megilah 113d), Eshkol 2 pg 30 differentiate between Megilah which is like Torah reading but by Chanuka women can fulfill the man’s obligation according to everyone. Also Torat Moadim Chanuka pg 40 says the Behag only held a women can fulfill megilah for a man since a women’s obligation is derebanan and a man’s is from divrei kabalah (Ketuvim). Similarly, Sh”t Maharash Halevi O”C 24 says Chanuka isn’t an obligation on each person but on the household and so a women can fulfill it for a man. Thus even those who say by Megilah a woman can’t fulfill a man’s obligation agree by Chanuka.
  14. ↑ See Gemara Megillah 4a, Shabbat 23a, and Pesachim 108a-b
  15. ↑ S"A 689:1
  16. ↑ S"A 675:3
  17. ↑ S"A 472:14
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