Boker Or u'Mevorach and welcome to our session at Bekiim Ba'Halacha, specifically the V-Kom Mizrahi edition, led by Chaim ben Mazal. We are at day 75, broadcasting from the Lawrence Avenue Synagogue in Deal, New Jersey. Today, we will delve into a significant and controversial halachic issue: the question of women and Tefillin.
At first glance, it may seem inappropriate for women to wear Tefillin. The halachic basis for this stems from the Gemara in Berachot, which states that women are exempt from the mitzvah of Tefillin. Rashi explains that this exemption is due to the nature of the mitzvah itself; Tefillin is classified as a positive commandment that is time-bound. Since women are exempt from any time-bound commandments, they are not required to wear Tefillin. Specifically, Tefillin is not worn at night or on Shabbat, further solidifying its status as a time-bound mitzvah.
In contrast, the Shulchan Aruch presents a differing viewpoint, stating that wearing Tefillin at night is permissible for other reasons, although the consensus remains that Tefillin cannot be worn on Shabbat. The Shulchan Aruch explicitly states in Siman Lamed Chet, Halacha Gimmel, that women are exempt from Tefillin because it is a time-bound mitzvah. This exemption is clear and consistent throughout halachic literature.
However, the discussion does not end there. What if a woman wishes to fulfill the mitzvah voluntarily? While women are generally exempt from certain mitzvot, they can choose to partake in them if they desire. For example, women may sit in a Sukkah or shake the Lulav, even though they are not obligated. The Rama addresses this situation, stating that if women wish to be stringent and wear Tefillin, we discourage them from doing so. The reason for this caution, as explained by the Mishna Berurah, is that Tefillin requires a clean body, and women may face challenges that men do not, potentially compromising this cleanliness.
The controversy deepens with references from the Gemara in Eruvin, which recounts that Michal, the daughter of Shaul HaMelech, wore Tefillin, and no one stopped her. This raises questions about the rulings that discourage women from wearing Tefillin. The Beis Yosef clarifies that, despite this account, the Torah authorities of Michal's time intervened and instructed her not to wear Tefillin, aligning with the broader halachic consensus.
Some poskim suggest another reason for the prohibition: Tefillin are considered a men's garment, and women are not permitted to wear men's clothing. The Targum Yonatan ben Uziel explicitly states that women should not wear Tefillin, reinforcing this perspective. Additionally, the Arizal is cited by the Kaf HaChaim, indicating that wearing Tefillin could spiritually harm a woman, as these mitzvot are specifically designed for men.
In contemporary society, some women express frustration over their exemption from Tefillin, perceiving it as a form of discrimination. This sentiment has led to protests and movements advocating for equality, with some women choosing to wear Tefillin publicly. However, if their intention were purely to fulfill the mitzvah, they could do so discreetly without drawing attention. The focus on public demonstration raises questions about their true motivation.
Now, let us explore other groups that may be exempt from wearing Tefillin. A deaf person who can speak, known as a cheresh, is obligated to wear Tefillin, as they possess the necessary cognitive abilities. Conversely, a deaf-mute, whose intelligence may be impaired, is exempt from the mitzvah, although they may wear Tefillin if they can maintain the required cleanliness.
Interestingly, a blind man is obligated to wear Tefillin, as the halachic authorities, except for Rabbi Yehuda, maintain that blindness does not exempt one from fulfilling mitzvot. The Gemara provides various discussions on this topic, but it is clear that a blind man is still required to wear Tefillin as long as he can do so with assistance if needed.
Turning to mourners, the halacha states that on the first day of mourning, a mourner is exempt from wearing Tefillin. This exemption applies particularly when the day of death coincides with the day of burial. For example, if a person dies on Sunday night and is buried on Monday, they will not wear Tefillin that day. The reason is that Tefillin is viewed as a crown, and a mourner, who is in a state of grief, cannot wear such a symbol of glory. However, if the death and burial occur on different days, the situation becomes more complex and is subject to debate among the rabbis.
In cases where the burial takes place on a different day than the death, such as when someone passes away late in the afternoon, there is a significant discussion among halachic authorities about whether to wear Tefillin on the day of burial. Some authorities permit it, while others do not. To address this uncertainty, the family is advised to wear Tefillin without reciting a blessing, as a precautionary measure.
Another scenario involves a person who dies during bein hashmashot, the twilight period at sunset. If they are buried during this time, the halacha regarding wearing Tefillin the following day becomes complicated. Depending on whether bein hashmashot is considered day or night, the obligation to wear Tefillin may vary. If it is deemed night, the mourner would not wear Tefillin the next day. However, if it is considered day, they would be obligated to wear Tefillin.
Lastly, if a person dies on Shabbat, they cannot be buried until after Shabbat ends. In this case, they would not wear Tefillin on the day of burial, as the day of death does not count due to the prohibition against burial on Shabbat. They would resume wearing Tefillin the following day, after sunrise.
In conclusion, we have explored various halachic perspectives regarding women and Tefillin, the obligations of different individuals, and the complexities surrounding mourning practices. Ladies are exempt from Tefillin, while blind men are obligated, and deaf-mutes are generally exempt unless they receive proper training. The laws of mourning dictate that Tefillin are not worn on the day of burial if it coincides with the day of death. In cases of differing days, the family may wear Tefillin without a blessing, and specific considerations apply to those buried during bein hashmashot or on Shabbat. May all of Am Yisrael merit long life and fulfillment of mitzvot.