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From: rhendel@king.mcs.drexel.edu (Russell Hendel)
Date: Sun, 21 Jul 1996 20:46:41 -0400
Subject: Commandments women are free from: Rambams list:Rav Hirsch's reasons

There have been a flurry of MJ on which commandments women are freed
from and why. In particular [Gelb, V 24 #69] mentions 2 popular
theories: (a) women are closer to time and hence need less time bound
mitzvoth, (b) women must bring up a family and hence it is impractical
to do time bound mitzvoth.

I would like to briefly summarize Rav Hirsch's theory and
comments. First however I take explicit note that the Rambam in Sefer
hamitzvoth at the end of the "DO" commandments lists the 60 commandments
that people are obligated to do nowadays under ordinary circumstances
and lists the 14, women are exempt from.  I reiterate this list below.

Briefly: Rav Hirsch first notes that the usual way of explaining why
women are exempt from mitzvoth---because it is a "do" that is time
bound--- has more exceptions than cases it explains.

Rav Hirsch suggests instead that a women is free from a commandment if it has
the following four attributes:
A) It is symbolic  B) It occurs periodically  C) The purpose of the symbol is
to maintain our strength while living in a world with opposite values D) women
have not traditionally participated in this maintaining of strength mentioned
in D).      Let me give examples:

1) TZITZITH (nUM 15:37-41, esp 15:39) strengthens men against the sexual
temptations of the business world (since women usually are not there
they don't need this extra symbolic reminder (though if they are there
they are allowed (=encouraged) to wear them). 2-3)Similarly TEFILLIN OF
HAnd and head strengthen us against the temptations of the outside
world(e.g. Deut 11:16) 4) Perhaps CIRCUMCISION also should be listed as
a Mitzvah designed to fight "temptations of the flesh" (Gen 17:11) to
which men are exposed more than women.  5) SHOFAR apparently reminds us
not to get caught in the thickets of life (GEN 22:13) towards which men
are exposed more than women. 6) LULAV reprimands us to be accepting
towards all "types of people" (the hard worker-- the lulav, the
outstanding person--the ethrog, the tramp--the aravah..etc) and men are
exposed in the business world to precisely this multiplicity, 7) SUCAH
reminds us that we do not build our own house and protection but rather
God does Lev 23:43--an obvious statement to men--the house builders. It
is unclear to me why 8) SEFIRAH is in this group.

I point out that if a particular woman(as happens) nowadays is in the
business world then according to Rav Hirsch she needs the extra
protection of these Mitzvoth and should do them.

Finally I note that 9) Talmud Torah 10) Keriash Shemah (=talmud torah)
and 11) Writing a Sefer Torah are Talmud torah commandments (women are
exempt but not for the above reason).  Similarly for 12) Duchanin and
13) Reproduction-and-land Conquest (Gen 1:28) --women are exempt because
men are suppose to represent the community in matters of conquest and
social organization. The 14th Mitzvah listed by the Rambam is Deut 24:5.

I also point out (to explain clause D above) that e.g. if women helped
encourage men to withstand temptations of the outside world (as happened
in the exodus from egypt then they must commemorate that
participation--and hence women are obligated in Matzah etc).

I close by noting that many people think Rav Hirsch created more
problems than he solved (but I think there are at least components of
truth in his theory).

I apologize if in attempting to cover so much ground in one posting I
obscured some details which are important to some people

Russell Hendel, rhendel @ mcs . drexel. edu