The commandment of tzitzit applies only during the day, therefore women are exempt from it * From the translation of Yonatan ben Uziel it appears that there is a prohibition for women to wrap themselves in a tallit due to “lo yilbash” * Women are also exempt from the commandment of tefillin, since it too is a positive commandment that is time-bound * Most of the later authorities wrote that one should protest against women who want to put on tefillin * In practice, women who want to wrap themselves in a tallit in private are permitted to do so * It is not proper to protest against women who disregard various commandments and wrap themselves in a tallit and put on tefillin publicly in a demonstrative manner, but rather to criticize in a useful way
Q: Why don’t women practice the commandments of tzitzit and tefillin? After all, the exemption of women from these commandments is because they are time-bound commandments, and if so, the rule is that women have no obligation to fulfill them, but if they do fulfill them, it would be a mitzvah for them, like the commandments of hearing the shofar on Rosh Hashanah and taking the lulav on Sukkot? And what should be the attitude toward women who want to fulfill the commandments of tzitzit and tefillin?
Additional Question: How is it proper to relate to women who demonstratively wrap themselves in tzitzit and put on tefillin, and it appears that they do this with chutzpah and defiance against what is accepted among Torah and commandment observers?
A: I will clarify this issue extensively, in order.
The Dispute and the Halakha Whether Women are Obligated in Tzitzit
The Tannaim (rabbinic Sages from approximately 10–220 CE) disagreed regarding the obligation of women in tzitzit (Menachot 43a-b). According to the first Tanna, women are obligated in tzitzit, since in his opinion the commandment of tzitzit is not dependent on time but applies day and night, and therefore women are obligated in it. And so practiced Rav Amram Hasida, who placed tzitzit on the garments of the women in his house (Sukkah 11b). While according to Rabbi Shimon, women are exempt from tzitzit, because it is a commandment that applies during the day and not at night, and therefore it is a time-bound mitzvah, and women are exempt from it.
Women Who Wrap Themselves in Tzitzit Fulfill a Commandment
According to halakha, it was decided that the commandment of tzitzit applies only during the day (Shulchan Aruch Orach Chaim 18:1), and consequently, women are exempt from the commandment of tzitzit. In other words, women who wear a four-cornered garment are not obligated to place tzitzit on it, but if they do place tzitzit on it, it would be a mitzvah for them. And according to the custom of the Shulchan Aruch, they would not bless on the tzitzit, but according to the custom of the Rema, they would even recite a blessing on the tzitzit.
And so it is written in the Shulchan Aruch regarding the commandment of tzitzit: “Women and slaves are exempt, because it is a positive commandment that is time-bound” (Orach Chaim 17:2). The Rema added: “And in any case, if they wish to wrap themselves and bless on it, it is up to them to do so as with all time-dependent commandments. However, it looks as if they are doing it to appear more observant than others, therefore, they should not wear tzitzit, as it is not a commandment of the person [rather of the object].” However, there were women who practiced the commandment of tzitzit, as brought in the Maharil. Similarly, Rabbi Yosef Mashash (from Morocco and Algeria) testified about righteous women who would wrap themselves in tzitzit, and put on tefillin (Nachalat Avot part 5, p. 268).
The Custom that Women Don’t Wrap Themselves in Tzitzit and its Reasons
In practice, the vast majority of women did not practice wrapping themselves in tzitzit. The Maharil (Rabbi Yaakov Levi Molin, New Responsa §7), who was one of the later early authorities in Ashkenaz (1363-1427), wrote that women should not wrap themselves in a talit, mentioning several reasons, such as that we are concerned about forbidden fabric mixtures (sha’atnez), carrying on Shabbat, presumptuous customs, and yihora (arrogance). He also mentions an esoteric reason. In Minhagei Maharil (Tzitzit 4), he writes that there were women who wrapped themselves in tzitzit, including the wife of Mahari Bruna. Even though he was not pleased with this practice, he did not object. He was asked: Why doesn’t he protest against Rabbanit Bruna, who lived in his city, and always wore a tallit katan. And he replied, that perhaps she doesn’t listen to me, and about such a case, it is said, better they be shogagim (sin unintentionally), and not be meizidim (sin deliberately).”
However, most of the reasons he brought are only distant concerns, but the main reason written in his name by the author of the Agur (Laws of Tzitzit 27) is because of arrogance: “And Maharil Molin was asked, and he replied that women who wear tzitzit is foolishness, and appears like arrogance.” The author of the Agur is Rabbi Yaakov Baruch Landa, whose father was a student of Maharil.
As mentioned, so wrote the Rema, that wrapping in tzitzit for women “appears like arrogance, and therefore they should not wear tzitzit, as it is not a commandment of the person [rather of the object].” That is, unlike the commandments of reading Shema, shofar, and lulav, in which men are obligated, and therefore, there is value that women fulfill them. In the commandment of tzitzit, men are not obligated as long as they don’t possess a four-cornered garment, and only if they wrap themselves in a four-cornered garment, they would have a commandment to place tzitzit on the garment (Aruch HaShulchan 17:2-3).
Is There a Concern of “Lo Yilbash“
From the translation of Yonatan ben Uziel (Deuteronomy 22:5) it appears that there is a prohibition for women to wrap themselves in a tallit due to “lo yilbash,” (the prohibition against cross-dressing), and so should be the law regarding tefillin. And there are some of the Achronim (later authorities) who mentioned this concern, including Ben Ish Chai (Lech Lecha 13). However, all the Rishonim (early authorities) and the vast majority of Achronim did not mention this problem. And Maharam Schick explained (Yoreh Deah 173), according to the Taz (182:4), that the prohibition of “lo yilbash” is when wearing a garment for the sake of beauty, but when wearing it for the sake of a mitzvah, there is no prohibition of “lo yilbash.” In any case, if they add colors to the garment as is customary in women’s garments, even according to the stringent poskim, there would be no prohibition of “lo yilbash.”
Women and Tefillin
The Mishnah in Tractate Berachot (20a-b) says that women are exempt from the commandment of tefillin. Our Sages explained that the reason for this is that tefillin is a positive commandment that is time-bound, since on Sabbaths and holidays one does not put on tefillin. In the Babylonian Talmud (Eruvin 96a) it is told about Michal bat (the daughter of) Shaul, who would put on tefillin, and the Sages did not protest against her. In contrast, in the Jerusalem Talmud (Berachot 2:3), they said that the Sages did protest against Michal bat Shaul for putting on tefillin.
Dispute of the Rishonim
Some poskim say that the halakha is as explained in the Yerushalmi, and one should protest against a woman who wishes to put on tefillin. So wrote the Raavad, Riaz, Kolbo (section 21) in the name of Ram from Rothenburg, Tashbetz Katan (section 270).
However, on the other hand, there are those who hold that the halakha is as explained in the Babylonian Talmud, that one should not protest against a woman who wants to put on tefillin. So wrote in Sefer HaChinuch (421), the Meiri (Eruvin 96a), and so it appears from the Rambam (Laws of Tzitzit 3:9), and the Rashba (1:123). And similarly, it’s possible to learn from other Rishonim who included the commandment of tefillin with other positive commandments that are time-bound without any distinction, and they are: Bahag, Rif, Ran and Ritva. They also noted several righteous women from the times of the Rishonim and Achronim who practiced putting on tefillin, including the daughters of Rashi, and the wife of Rabbi Chaim ben Attar.
The Opinion of Most Achronim That Women Should Not Put on Tefillin
However, the majority of Achronim wrote that one should protest against women who wish to put on tefillin. So wrote Rema (38:3): “And if the women want to be stringent upon themselves, we protest against them (Kol Bo).” And so wrote many poskim, including: Yam Shel Shlomo; Maharikash, Levush 3; Magen Avraham 3; Birchei Yosef 38:1; Pri Megadim Eshel Avraham 3; Yafeh LaLev 2; Mishnah Berurah 2:13.
The Reason One Should Protest according to the Achronim
The Achronim explained that the reason of those who hold that one should protest against women putting on tefillin, is because one must be careful when putting on tefillin that one’s body be clean, and not pass gas while wearing them. And one must also be careful not to be distracted, and women are not diligent to be careful about this, and instead of a mitzvah, it would become a transgression for them (Tosafot Eruvin 96a s.v. “Michal,” Raavad, Ran and Ritva).
However, it is known that there are women who know how to be careful properly in everything necessary when putting on tefillin. And the more women know how to read and learn, the more women will be able to be careful about this. Therefore, the Achronim explained that if women were obligated in tefillin, the concern about an unclean body and distraction would not exempt them from the commandment. But since they are exempt, and there is a concern about cleanliness – they ruled that they should not put them on (Magen Avraham 38:3). For even men, in principle, should have put on tefillin throughout the entire day, and our Sages decreed that they should not put them on at night, lest they fall asleep and pass gas while wearing them, and disgrace them. And the Rishonim added and ruled not to put them on even during the day, because our Sages said (Shabbat 49a) that tefillin require a clean body, like ‘Elisha the Master of Wings’. And if they put them on all day, it’s likely that many will sin, and disgrace them. But since men are obligated to put them on once a day, they ruled to put them on during the morning prayer, when men are concentrated on holy matters, and the concern they won’t maintain a clean body lessens. But women who are not obligated in this, why should they risk harming the honor of the tefillin (Magen Avraham 38:3; Aruch HaShulchan 38:6).
However, even among the Achronim, there are those who hold that a woman who knows how to keep her body and mind clean, is permitted to put on tefillin (Olat Tamid 38:3, the testimony of Rabbi Yosef Mashash, above).
The Practical Halakha
Women who wish to wrap themselves in a tallit in private are permitted to do so. And this is because the main reason they ruled not to wrap themselves is because of arrogance, that they should not boast about it over the custom of all the righteous women who do not practice wrapping themselves in tzitzit; but in private, there is no concern of arrogance, and it is permitted. According to the custom of Ashkenazi women, they recite a blessing on the tzitzit, and according to the custom of Sephardic women, they do not bless (Peninei Halakha: Women’s Prayer 2:8). And if many women practice this in private for the sake of Heaven, over time, even if they fulfill it publicly, it would no longer be considered arrogance. However, regarding tefillin, the ruling for women is that they should not put them on. And a woman who despite this yearns and wishes to put them on in private, she has whom to rely on.
The Meaning of Protest and Criticism
The opinion that holds that our Sages protested against Michal bat Shaul who put on tefillin, the intention is that they pointed out to her that it’s not proper to practice this way. And presumably, they did this only because she put them on publicly. But the intention is not that they made demonstrations against her, or insulted her, because after, all she is fulfilling a commandment.
The Words of Rabbi Feinstein ztz”l
However, Rabbi Feinstein (Igrot Moshe Orach Chaim 4:49) wrote regarding feminist women who want to wrap themselves in tzitzit, that if their intention is for the sake of Heaven, it is a mitzvah for them. But when their intention is from their resentment against the Torah that doesn’t equate between men and women, “this is not a mitzvah act at all, but on the contrary, a forbidden act” – the prohibition of heresy, thinking that it’s possible to change the Torah.
How to Relate to Religious Feminism
In practice, it appears that it’s not proper to mix the struggle with the negative sides of the feminist movement, in order to criticize those who wish to fulfill mitzvot out of identification with the positive sides of the feminist movement. And as Maran Rabbi Kook explained, that one should not reject any movement that seeks to add good, because in all of them, there are divine sparks, and in rejecting them, there is a flaw in faith that causes crises and suffering; rather, the tikun (correction) is to increase upon them light from the Source of Israel, so that they indeed add goodness and blessing (“Yisurim Mamrikim,” Zeronim, Orot). And even toward women who disregard various commandments and wrap themselves in a tallit and put on tefillin publicly in a demonstrative manner, it is not proper to protest, but rather, to criticize in a useful way what is worthy of criticism, and to respect what is worthy of respect.
This article appears in the ‘Besheva’ newspaper and was translated from Hebrew.
