One of the reasons why I love the study of Halacha so
much is because it takes me to places I would not ordinarily have dreamed of
going to. A case in point is women and tzitzit. Everyone knows that
women do not wear a talit or tzitzit, yet the sources do have
some counterintuitive - and what many may consider to be rather controversial -
things to day about that.
PART A - WOMEN TYING THE KNOTS OF THE TZITZIT?
THE VIEW OF TOSEFOT:
The Talmud[1]
starts by asking; “How do we know that non-Jews do not have an obligation to
make tzitzit? It answers by
quoting the verse; “Speak to Bnei Yisrael (i.e. the Jews) and let them
make tzitzit.” From this we learn that only Jews have the obligation to make
tzitzit, and not non-Jews.
The commentator Tosefot is quick to point out that by
implication, since Jewish women are also
part of Bnei Yisrael, they too may be included the commandment of tziztit,[2] and
therefore may be permitted to make their own[3].
THE VIEW OF RABBENU TAM:
In another section of the Talmud[4],
although not specifically speaking about tzitzit, there is a discussion
as to who may write the parchment scrolls of a Sefer Torah, tefillin and
mezuzah. The gemora concludes that only individuals who have an
obligation to wear tefillin (i.e. men), may be permitted to write
the scrolls that go into them. This is deduced from the close occurrence of the
terms ‘ukeshartem’(bind them) , and ‘uketavtam’(write them),
implying that only those who ‘bind’ may
‘write’. By extension the same would
apply to Torah and mezuzah scrolls, which may similarly only be written by men.[5]
Rabbenu Tam uses this gemora
as his proof source, and even though it does not refer specifically to tzitzit,
he extrapolates that women may not tie them, because in his view
they have no obligation to wear tzitzit.
For the same reason, women would be excluded from tying a lulav, as they
similarly have no obligation to fulfil that mitzvah.
Thus Rabbenu Tam derives the principal that only those who
are obligated in the actual mitzvah itself, can do the preparation for
the same mitzvah[6].
Tosefot, however, rejects Rabbenu Tam on the simple grounds
that his proof text only talks about Torah, tefillin ,and mezuzah,
but NOT tzitzit. Hence, in his view, there is no justification for his
extrapolation, and women may indeed tie and wear tzitzit.
THE VIEW OF THE HAGAOT MAIMANIOT:
The Rambam is surprisingly silent on the issue of women
tying tzitzit. It is only in the Hagaot Maimaniot, that women are expressly precluded from making tzitzit,
based on his view that women are not included in the technical term Bnei
Yisrael, (i.e. the sons of Israel). He does exhibit some magnanimity
however, in that he refers to some contrary views, which do permit women to
participate in the mitzvah:
The Ri and Rabbenu
Yehudah said that women may wear tzitzit (as only non-Jews were
excluded from the mitzvah.
Also, apparently, Rabbenu
Yehudah taught his wife how to tie tzitzit.
And in the Troyes there was a case where a woman professionally tied tzizit
(but Rabbenu Tam, as per his abovementioned view, declared them to be invalid).
THE VIEW OF THE SHULCHAN ARUCH:
The Shulchan Aruch is very clear on this issue; “A woman may tie the knots on the tzitzit.”[7]
(It holds that the contentious term ‘Bnei Yisrael’ excludes only
non-Jews but not women from this mitzvah.)
THE VIEW OF THE RAMO:
Commenting on the Shulchan Aruch, the Ramo is quick to add a
precaution, ‘ve yesh machmirin’, that ‘some are strict’ and do
not afford women this opportunity. It’s interesting to see that he does not ban
women from tzitzit completely, he just strongly advises against them
participating in the mitzvah. He
further suggests that this should be the practice ‘lechatchilah’, in the
first instance, but would agree that post
facto the tzitzit made by a woman would be permitted.
THE VIEW OF THE MISHNA BERURAH:
Reiterating the Ramo, the Mishna Berurah says that in the
first instance we should discourage women from making tzitzit, but that post facto the tzitzit would be acceptable.
PART B – WOMEN
WEARING A TALLIT OR TZIZIT?
THE TALMUDIC VIEWS:
According to the gemora; “All are obligated in the mitzvah of tzizit, including
...women”.[8] Rabbi
Shimon challenges this liberal view, and precludes
women from wearing tzitzit because of the general principle that
restricts women from any positive time-bound commandments.
Amazingly though, a view does exist in a primary Talmudic
text, not just permitting but obligating women to wear tzizit.
Another gemora says; “Michal, the daughter of Saul,
wore tefillin, and even though
women may technically be excluded from positive time-bound mitzvot, they
may nevertheless say a blessing over their (voluntary) performance of such
commandments.”[9]
This text is significant because it introduces to us the
concept of women choosing to perform certain mitzvot which usually are
the exclusive domain of men.
THE VIEW OF THE RAMBAM:
The Rambam writes that; “Women are exempt (note, not
prohibited) from tzitzit. And if
they do wear tzitzit, they wrap themselves in it without reciting a bracha.”[10]
Amazingly, no less an authority than the Rambam, says that
while in his view there is no legal obligation for women to wear tzitzit,
should they choose to do so they may, except that no blessing is recited.
THE VIEW OF TOSEFOT:
Tosefot says; “Women
may say a bracha over positive time-bound mitzvot, such as tzitzit.”[11]
This view comes as no surprise as we saw earlier on that he maintains that
women can tie the knots on the tzitzit as well.
THE VIEW OF THE CHAYEI ADAM:
The Chayei Adam writes; “If women want to wear tzitzit and recite a blessing over it,
they may (as they do for lulav and sukkah, which are also
positive time-bound mitzvot).
THE VIEW OF RABBI MOSHE FEINSTEIN:
Rabbi Feinstein writes that; “According to the ruling of
Tosefot, women may say a bracha
for tzitzit as they do for lulav and shofar.”[12]
Significantly, notwithstanding all the legal to and fro, it
is both refreshing and surprising to see that in keeping with halachik
integrity, a modern day authority rules that women may wear tzitzit and even
recite a blessing there over.
HISTORIC PRACTICES:
During Medieval times, the Jewish women of Spain, Egypt and
Southern France had a custom to wear talleisim, and apparently the only
issue was as to whether or not they should recite a blessing over it.
In more recent times, Rebbetzin Chava, the first wife of the
Satmar Rebbe Yoel Teitelbaum, apparently wore tzitzit. This is recorded
by the Chevra Kadisha who buried her, and the story appeared in the Satmar
Yiddish newspaper, Der Blatt, under the headline: ‘Tzitzis ...bei Noshim’
(Women and ...Tzitzit).
CONCLUSION:
While I hold no brief for women around the world to adorn
themselves with prayer shawls, and while I do not believe the issue should be
used as a public demonstration to further ideological agendas - I firmly do
believe that halachik Judaism has an amazing spectrum of
multi-facetedness.
Personally, I find the concept of women wearing a talit rather foreign and I certainly
would not feel comfortable were this practice to become widespread. But I am
amazed to see the openness of thought in our traditional and contemporary sources
and I’m glad they are there.
As an unabashed religious centrist, at a time when
influences from the extreme right are painting a singular carefully
choreographed picture only, and when the extreme left appear to have crossed
the line entirely, I passionately believe that now more than ever before, we
need creative rabbinical leadership to honestly hone and practice their craft.
The extreme right wing has been described as being the ‘largest
and fastest growing segment of observant Jewry in Israel’[13].
With time, numbers and the cunning use of censorship[14],
they will have succeeded in pulling the wool over the eyes of many, into
believing that their approach is, not just the only way, but the way Judaism
always has been. They may win the numbers game, but in so doing will have excluded
so many others who, historically, have always had a place in, and even were
architects of, the halachik process.
The extreme left wing is fighting what they too consider to
be a noble battle, but you cannot fight the right by stepping out of the ring. By
so doing they have inadvertently created an ideological vacuum within the halachik
world.
For these reasons, I hope we are able to preserve what
always has been an inclusive and honest halachik response, making full
use of generations of wisdom, precedent and empathy.
This post is just one example highlighting how
textual integrity exposes us to the historical debate and reminds us of the unimaginable
room for varying views amongst our halachik practitioners.
Long may this continue...and please don’t hide my Judaism
from me.
[1]
Menachot 42a.
[2]
Tosfot says; “Mashma, ha isha kesheira.”
[3]
While, other commentators, however, understand the expression ‘Bnei Yisrael’ (lit. Sons of Israel) to refer only to the men folk, the view of Tosefot
is nevertheless significant.
[4]
Gittin 45b.
[5] See
Kotzk Blog 51, Women Tefillin and Cars.
[6] “Aino
belevisha, aino beasiya.”
[7] Orach
Chaim 14,1; “Isha kesheira la’asotan”.
[8]
Menachot 43a.
[9]
Eruvin 76a.
[10]
Hilchot Tzitzit 3,9.
[11]
Tosefot to Rosh HaShana 33a.
[12]
Igrot Moshe Orach Chaim 4,49.
[13] See Rabbi
Harry Maryless in “The Conversion Mess”, Emes V-Emunah.
[14] See
Kotzk Blog 49 and 53.
