A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Kiddushin 34A - 34B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
September 28, 2006
Duration
53:16

This transcript was auto-generated and polished for readability. While we aim for accuracy, errors may occur. If you notice a mistake, please click to submit corrections.

The Gemara continues its inquiry, posing the question regarding a unique scenario: when a person's son is also their rabbi. Specifically, the Gemara asks whether the father, in such a case, is obligated to stand up for his son. To shed light on this, the Gemara introduces a teaching from Rabbi Yehoshua, who stated, "I am not worthy to stand up in front of my son." He clarified that he only stood for his son because his son had married into the Bet Nasi, the family of the Nasi, implying that the respect was due to this prestigious connection, not his son's rabbinic status. He further explained that he, the father, was his son's rabbi, and therefore it was not proper for him to stand. However, if the situation were reversed, and his son was his rabbi, he would still not stand, due to the inherent respect a father commands. The Gemara leaves this question unanswered, along with a preceding question: if the son is the father's rabbi, must the son stand for the father? The Shulchan Aruch, however, rules that in both cases, the son must stand for the father, and the father must stand for the son.

The Gemara then introduces a new question: what is the halachic status of someone who is riding an animal, such as a donkey? Is he considered "sitting" or "moving"? This distinction is crucial because if he is considered sitting, his child would not need to stand for him (as one does not stand for a sitting parent or rabbi). But if he is considered moving, it would be as if he is walking, and thus the child would need to stand. To resolve this, the Gemara draws a parallel from the laws of ritual impurity (tumah) related to a person afflicted with Tzara'at. A person with Tzara'at can only transmit impurity if they are sitting, as derived from the verse "his sitting place shall be impure." The Gemara clarifies that the state of the pure person (standing or sitting) is irrelevant; only the impure person's position matters for the transmission of impurity. The Gemara provides examples: if an impure person is sitting under a tree, and a pure person is standing under it, the pure person becomes impure. If the impure person is standing, and the pure person is sitting, the pure person remains pure. If an impure person who was standing then sits, they transmit impurity. A similar rule applies to an Even Hamenugat, a stone from a house afflicted with Tzara'at. If a person is holding such a stone, and the person is standing, no impurity is transmitted, even though the stone itself is "sitting" in their hand or pocket. However, if the person holding the stone is sitting, impurity is transmitted. This demonstrates that we follow the status of the person, not the object they are holding. Therefore, when someone is riding a donkey, even though they are physically sitting, their status is considered "moving" because the donkey is moving. Consequently, if a father or a rabbi rides by, the child or student must stand up, as they are deemed to be in motion.

The Gemara then asks another question: must one stand in the presence of a Sefer Torah (Torah scroll)? The answer is unequivocally yes. The Gemara extends this, asking if one must stand for those who study Torah. Rabbi Elazar and Rabbi Yaakov Bar Zavdei, two rabbis, were once sitting when Rabbi Shimon ben Abba passed by, and they stood up for him. He told them they did not need to stand, as he was only a Haver (a lower rabbinic rank). He then asked, "Does a Sefer Torah have to stand for those who learn Torah?" His point was that since they were engaged in Torah study, they had the status of a Sefer Torah itself, which does not need to stand for anyone. Therefore, they were exempt from standing even for a rabbi. However, Abaye strongly disagreed, cursing anyone who would rule this way, holding that one must stand for their rabbi even while studying Torah. The halacha follows Abaye's opinion.

The Gemara further discusses the laws of standing for a scholar. It cites the verse "and they looked after Moshe" when Moshe Rabbeinu was returning to his tent. Some interpret this as praise, others as criticism. The Gemara explains that this was a sign of respect: they stood until Moshe Rabbeinu reached his tent, indicating his status as a Nasi (prince or leader). For a regular scholar, one must stand when they come within four cubits and may sit once they pass four cubits. For the head of a court, one must stand from the moment they are visible from afar and may sit once they pass four cubits. For a Nasi, one must stand from afar and not sit until the Nasi has sat down in his place. The example of Moshe Rabbeinu is used to illustrate the standing for a Nasi. The commentators explain that during the dispute with Korach, the verse states, "and they stood before Moshe." This was interpreted as Korach's followers treating Moshe only as a regular scholar, standing only when he was within four cubits, thereby disrespecting his status as a Nasi.

The Gemara then returns to the rule established in the Mishnah: "Any positive commandment that is time-bound (Mitzvah Ta'aseh Shehazman Gerama), women are exempt. Any positive commandment that is not time-bound (Mitzvah Ta'aseh Shelo Hazman Gerama), women are obligated. For negative commandments, whether time-bound or not, women are obligated." The Gemara asks for examples of non-time-bound positive commandments where women are obligated. Examples include affixing a Mezuzah, building a parapet (Ma'akeh) on a roof, and returning a lost object (Hashavat Aveidah). The Gemara then questions if this rule has exceptions. It lists several positive, time-bound commandments where women are obligated: eating Matzah on Pesach, rejoicing on the festivals (Simchat Yom Tov), and the commandment of Hakhel (the assembly of all Israel every seven years). It also lists non-time-bound commandments where women are exempt: studying Torah, and the commandment to be fruitful and multiply (Pru U'Rvu). The Gemara explains that these are not contradictions to the rule, but rather specific exceptions. It emphasizes that one cannot derive general rules from exceptions, even when exceptions are explicitly stated.

The Gemara elaborates on the exceptions. Women are obligated in eating Matzah because the positive commandment to eat Matzah is juxtaposed with the negative commandment not to eat chametz, and women are certainly obligated in negative commandments. Regarding the exemption from Torah study, the Gemara states that women are exempt. For the commandment of Pru U'Rvu, the Gemara explains that the obligation is on the man, as derived from the verse "conquer the land," which implies a male role. The Gemara reinforces the idea that one cannot learn from exceptions, citing the laws of Eruv Chatzerot and Shituf Mevuot, where various foods can be used, but some, like water, salt, truffles, and mushrooms, are explicitly excluded. Even though these exclusions are listed, it implies that there could be other unlisted exceptions, reinforcing that the general rule is not absolute.

The Gemara then seeks the source for the general rule that women are exempt from time-bound positive commandments. It proposes deriving it from Tefillin. Since women are exempt from Tefillin (a time-bound positive commandment), this exemption is extended to all time-bound positive commandments. But how do we know women are exempt from Tefillin? The Gemara says it is derived from a juxtaposition (hekesh) between Tefillin and Torah study. Just as women are exempt from Torah study, they are exempt from Tefillin. The Gemara then challenges this: why juxtapose Tefillin with Torah study when Tefillin is also juxtaposed with Mezuzah in the first paragraph of Shema? If we were to juxtapose Tefillin with Mezuzah, women would be obligated in Tefillin, just as they are in Mezuzah. The Gemara responds that the juxtaposition between Tefillin and Torah study appears in both the first and second paragraphs of Shema, whereas the juxtaposition with Mezuzah only appears in the first. Therefore, the stronger, double juxtaposition with Torah study is used. The Gemara then asks: why aren't women exempt from Mezuzah, given its juxtaposition with Torah study? The Gemara answers that it would be illogical to exempt women from Mezuzah, as the verse states that placing a Mezuzah leads to long life, and women surely desire long life.

The Gemara then discusses the exemption of women from Sukkot, a time-bound positive commandment. It asks why a specific verse, "all citizens shall dwell in sukkot," is needed to exempt women, as they are already exempt by the general rule. The Gemara explains that one might have thought otherwise, reasoning that the verse "you shall dwell" implies dwelling in a sukkah like one dwells in a house, and since women dwell in a house, they should also dwell in a sukkah. Therefore, the verse "all citizens" (referring to men) is needed to explicitly exempt women. Rabba offers an alternative reason: one might have derived an obligation for women in Sukkot through a gezeirah shavah (a verbal analogy) from Chag HaMatzot (Passover), as both mention "fifteen" (the 15th of the month). Since women are obligated in Matzah, one might have thought they are obligated in Sukkot. Thus, the word "citizens" is necessary to exempt them.

The Gemara then addresses the commandment of Re'iyah (appearing before God in the Temple on the three pilgrimage festivals). This is a time-bound positive commandment, and a specific verse, "your males shall appear," explicitly exempts women. The Gemara asks why this verse is needed, as women are already exempt by the general rule. The Gemara answers that it is needed because one might have derived an obligation for women in Re'iyah from Hakhel, where women are obligated. Both involve "being seen." Therefore, "your males" is necessary to exclude women from Re'iyah.

The Gemara returns to the fundamental question: what is the source for the rule that women are exempt from time-bound positive commandments? It reiterates the derivation from Tefillin, which is learned from Torah study. The Gemara challenges this, asking why we don't learn from Simcha (rejoicing on festivals), which is also a time-bound positive commandment where women are obligated. If we learned from Simcha, we would conclude that women are obligated in all time-bound positive commandments. The Gemara responds that the obligation of Simcha is not directly on the woman herself, but on her husband or host to make her happy. Therefore, it cannot serve as a source for women's general obligation. The Gemara then suggests learning from Hakhel, where women are explicitly obligated, even though it is a time-bound positive commandment. If Hakhel were the source, women would be obligated in all time-bound positive commandments.

The Gemara introduces a new principle: "Two verses that come to teach the same concept (Shnei Ketuvim HaBa'im Ke'Echad) do not teach a general rule." This means if the Torah teaches the same concept in two separate verses, it implies that the rule applies only to those two specific cases and not to others. The Gemara applies this to Matzah and Hakhel. Both are time-bound positive commandments where women are obligated. Since these are two verses teaching the same concept (women being obligated in a time-bound positive commandment), this rule applies only to Matzah and Hakhel, and not to other time-bound positive commandments. The Gemara then asks why this principle doesn't apply to Tefillin and Re'iyah. Both are time-bound positive commandments where women are exempt. If this principle applied, it would mean women are exempt only from Tefillin and Re'iyah, and obligated in all other time-bound positive commandments.

The Gemara clarifies the rule of Shnei Ketuvim HaBa'im Ke'Echad: it only applies when one verse could have been learned from the other, making the second verse superfluous. If both verses are necessary because one cannot be derived from the other, then they are not considered superfluous, and a general rule can be learned from them. The Gemara argues that Tefillin and Re'iyah are not superfluous. If only Tefillin were mentioned, we couldn't learn Re'iyah, because Tefillin could be compared to Mezuzah, leading to an obligation. If only Re'iyah were mentioned, we couldn't learn Tefillin. Therefore, both verses are necessary. Since they are not superfluous, they can serve as a source for the general rule that women are exempt from time-bound positive commandments. Conversely, Matzah and Hakhel are superfluous. If only Matzah were mentioned, we could derive the obligation for Hakhel. This is because if children are obligated in Hakhel (as the verse explicitly mentions "children"), then women, who are generally considered more significant than children, would certainly be obligated. Therefore, the verse for Hakhel is superfluous, making Matzah and Hakhel two verses teaching the same concept, applying only to themselves. Thus, the general rule that women are exempt from time-bound positive commandments is derived from Tefillin and Re'iyah, while Matzah and Hakhel are specific exceptions.