Join Meir Panim’s campaign to “light up” Chanukah for families in need.
The Rambam, in Hilchos Beis Habechirah 1:12, derives from the pasuk in this week’s parshah, “u’veyom hakim es haMishkan… – and on the day the Mishkan was set up…” (Bamidbar 9:15), that the Beis HaMikdash can only be built by day, not by night. Further in that halacha the Rambam writes that both men and women are obligated in the mitzvah of building the Beis HaMikdash. The Kesef Mishneh explains that the source for the halacha that women are obligated in this mitzvah is from the pasuk in parshas Vayakhel: “v’kol ishah chachmas lev beyada tavu – and every wise-hearted woman spun with her hands.”
The Achronim are bothered by this obvious question: Why are women obligated in this mitzvah? Since it only applies by day, it should fall under the category of mitzvos assei she’hazman gramma (time- sensitive mitzvos) that women are exempt from fulfilling?
The answer by some Achronim is based on the following Yerushalmi: The Yerushalmi Yoma 1:1 says that the mitzvah of building the Beis HaMikdash essentially applies even by night – except that if it is built at night it is not fit for the avodahs of the daytime. If the mitzvah only applied by day, a Beis HaMikdash that was built at night should not be fit for any avodah. This indicates that the mitzvah applies even by night; thus it is not a mitzvas assei she’hazman gramma, and women are obligated in it.
Another suggested answer is that the Rambam says in Sefer Hamitzvos (mitzvas assei 20) that the building of the Beis HaMikdash’s vessels is included in the mitzvah of building the Beis HaMikdash. The Aruch Laner, on Sukkah 41a, says that the vessels of the Beis HaMikdash can be built at night. Therefore the mitzvah of building the Beis HaMikdash applies by night as well. It is therefore not a mitzvas assei she’hazman gramma.
Even according to the Achronim who disagree with the Aruch Laner and hold that the vessels must be built by day (just as the Beis HaMikdash itself), they nevertheless agree that the Menorah may be built at night since its avodah (lighting it) may be performed at that time. Since in the Rambam’s view the mitzvah to build the Menorah is included in the mitzvah of building the Beis HaMikdash, part of this mitzvah is continuous and thus not considered a mitzvas assei she’hazman gramma.
The sefer, Har Hamoriah (Beis Habechirah 1:28), says that there are two parts in the mitzvah of building the Beis HaMikdash: the actual building, and the planning, measuring and bringing of supplies. Only the actual building may not be done at night. The other aspects of the mitzvah, however, may be performed at night. Hence it is not a mitzvas assei she’hazman gramma.
The Rishonim, on Kiddushin 29a, ask why the Torah feels the need to write a pasuk exempting a woman from the obligation to perform the mitzvah of bris milah on her son. After all, she should obviously be exempt since it is a mitzvas assei she’hazman gramma? The Ramban and the Ritvah answer that women are only exempt from mitzvos assei she’hazman gramma on mitzvos that pertain to themselves. But when the mitzvah requires them to do something for someone else, they are not exempt. For example, without the exemption in the pasuk, a woman would be obligated to perform a bris milah on her son.
The Minchas Chinuch (mitzvah 112:3) understands the Ritvah’s answer to mean the following: Mitzvos can be classified into two categories; those that are obligations on the individual to perform, and those that require that a certain situation take place (gavra or cheftza). The Minchas Chinuch explains that the mitzvah on the parents to perform a bris milah on their son is not a mitzvah whereby they are obligated to perform a certain act; rather that they ensure that a certain situation is accomplished – namely that their son should have a bris milah. Regarding these types of mitzvos women are not exempt, even if it is a mitzvas assei she’hazman gramma. Therefore, if the Torah did not write a pasuk that exempted women, they would be obligated to ensure that a bris milah was performed on their son.
About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.
If you don't see your comment after publishing it, refresh the page.
Comments are closed.
This ability to remain calm under pressure and continue to see the situation clearly is a hallmark of Yehuda’s leadership.
It would have been understandable for these great warriors to become dispirited.
Yosef, in interpreting the first set of dreams, performed in a manner that was clearly miraculous to all.
Chazal teach us that we need to be “sur may’rah v’asei tov,”avoid bad and do good.
When we celebrate the completion of learning a section of Torah, we recite the Hadran.
‘The Fetus Is A Limb Of Its Mother’
Yosef proves he is a true leader; He is continually and fully engaged in the task of running Egypt
When the inability cannot be clearly attributed to either spouse, the halacha is the subject of debate among the Rishonim.
Those who reject our beliefs know in their souls Jewish power stems from our faith and our prayers.
He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.
Though we Jews have deep obligations to all people our obligation to our fellow Jew is unique.
In a way that decision was the first in a series of miracles with which Hashem blessed us.
Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.
It is clear that Tosafos maintains that only someone who lives in a house must light Chanukah candles.
If one converts for the sole purpose of marrying a Jew the conversion is invalid.
Rashi in Shabbos 9b writes that the reason why the tefillah of Ma’ariv is a reshus is because it was instituted corresponding to the burning of the eimurim from the korbanos – which was performed at night.
We find that in certain circumstances before the Torah was actually given, people were permitted to make calculations as to what would better serve Hashem, even if it were against a mitzvah or aveirah.
It is difficult to write about such a holy person, for I fear I will not accurately portray his greatness…
The implication of the Shulchan Aruch (Orach Chaim 233:2) is that one may not daven Minchah before six and one half hours into the day.
Printed from: http://www.jewishpress.com/judaism/parsha/why-women-are-obligated-to-build-the-beis-hamikdash/2012/06/06/
Scan this QR code to visit this page online: