Sunday, November 2, 2014

Woman's obligation

Seif 2- woman's obligation Women, like men, are obligated in the Mitzva of Kiddush. Even though it's a Mitzva Asei SheHazman Grama (a positive Mitzva that only applies at certain times), from which women are usually exempt, however, since Hashem said the Mitzva of Kiddush and the Mitzva of keeping Shabbos at the same time, it teaches us that everyone who is obligated to keep Shabbos must also make Kiddush. Since women are obligated to keep Shabbos, they are also obligated in Kiddush. In this vein, since women are as obligated as men, they can be Moitzie men by reciting Kiddush for them. The Marshal and Bach disagree with this statement. They want to compare Kiddush to Megilah where women are obligated in Megilah, however they cannot be Moitzie men. The Taz says this is not a valid comparison. The Rabanan limited the woman's Mitzva to listening to the Megila, therefore they cannot be Moitzie men who they required to read the Megilah. Even if the men only hear the Megilah, it is considered as if they read it. This is due to a Halacha (Shomea K'Oneh) that equates hearing to reading (when reading is a requirement). The Magen Avraham says in the name of a Tosfos in Sukkah that the reason woman are not Moitzie men with reading the Megilah is because it's disgraceful for a woman to Moitzie the congregation. The Elya Rabbah therefore says that the Bach has a problem only with women who try to Moitzie men (with Kiddush) that are not in their household, which is also disgraceful. Hpwever, there is no problem to Moitzie men from their immediate families. WOMAN BEING YOITZE FROM A BAR MITZVA BACHUR The Magen Avraham says that since women are obligated in Kiddush from the Torah, a Katon cannot be Moitzie them. Even a Bar Mitzvah Bachur cannot be Moitzie them. There is an assumption that when someone turns Bar Mitzva, there are two pubic hairs rendering him a Gadol. This assumption can only be relied on concerning Mitzvos DiRabanan. For Mitzvos from the Torah we may not rely on such a Bachur until his beard fills in. (The Shaar Hatzion points out that the beard does not need to fill in completely, but rather a nice amount of beard hairs have grown in. By then we can be assured that he grew the pubic hairs.) The Magen Avraham gives an Eitza that the woman should say Kiddush along with the Bachur word for word . (You can do this even if she's illiterate.) The Tosfos Shabbos explains that she will be Yoitze the Torah's obligation by saying it herself, while she can also be Yoitze with the D'rabanan's obligation by saying it over wine. The Biur Halacha seems to understand that she is saying Kiddush over the wine in the Bachur's hand, but then he contests the validity of this claim. Perhaps the Rabanan's decree is only on the wine in front of the woman when she says Kiddush (and not only in the vicinity.) Rav Akiva Eiger also has a problem with the approach of saying it word for word along with the Bachur. He seems to learn this Halacha like the Tosfos Shabbos. If this woman is really Yoitze from the Bachur (since he might be a Gadol) then her Bracha is L'Vatala. Even if she hears the beginning and the end of the Bracha from the Bachur and says the rest herself (so it technically would not be a Bracha she is saying, but at least she is Yoitze the Mitzva from the Torah from the words she does say). Still, it is not a simple matter to split up the Bracha, partially saying it and partially listening to someone else. Also, since it is so complicated, maybeshe would not do it correctly. The Biur Halacha tries another Eitza suggesting that the women would say Vayachulu, and that would make her Yoitze the Mitzvah from the Torah. Then she would listen to the Bracha of Kiddush from the Bachur to be Yoitze the Mitvah D'Rabanan of saying it over wine. But this too is problematic since she does not mention Yetzios Mitzrayim in Vayachulu. Therefore, the best way to be Yoitze is to repeat the Kiddush with the Bachur word for word and have a cup of wine, or at least bread, in front of her too. Rabbi Chaim Smulowitz If you ever though that Tosfos was beyond you. Think again. A few more free copies of Gemara and Tosfos: Sukka 2a-11a is still available at tosfos.ecwid.com Limud Torah e-S'farim tosfos.ecwid.com