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KIDUSHIN 35

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SUMMARY

R. Yochanan Ben Berokah holds that both men and women are obligated in the Mitzvah of Peru u'Rvu.
 
R. Acha Bar Yakov says that all of the Mitzvos in the Torah are learned from Tefilin just as Tefilin is a time bound Mitzvas Aseh and women are Patur so too women are Patur from all time bound Mitzvas Aseh. (1)
 
From the fact that the Torah dismisses women from time bound Mitzvos Aseh we can infer that they are obligated in Mitzvos Aseh that are not time bound.
 
It is a Machlokes Tana'im if Tefilin is a time bound Mitzvas Aseh.
 
R. Meir holds that we may not learn something out from two Pesukim that are teaching the same Din, while Rebbi Yehudah argues.
 
Even Rebbi Yehudah agrees that we may not learn something out from three Pesukim that are teaching the same Din.
 
Both men and women are equally Chayav for all the punishments in the Torah. (2)
 
Both men and women are equally Chayav for all the Dinim in the Torah.
 
If an ox gores a man or a woman the owner must pay Kofer (the person's value) to the inheritors.
 
Women are obligated in all Mitzvas Aseh that are not time bound with the exception of Bal Takif, Ba'al Tashchis and Bal Tetamei l'Mesim.
 
One may cut his beard with a scissors and he may pull it out with a tweezers.
 
The prohibition of cutting a beard is only if it is shaved in such a way that it destroys the hair of the beard.
 
If a woman or a Saris grow a beard and a Nega Tzara'as develops in her beard all of he Dinim of Nesek apply. (3)
 
Isi states in the Beraisa that women are Patur from the prohibition of ripping out hair over a Mes.
 
Both men and women are included in the prohibition of wounding oneself over a Mes.

A BIT MORE

1. Women are Patur from the Mitzvah of Tefilin because the Torah compares Tefilin to Talmud Torah, just as women are Patur from Talmud Torah so too they are Patur from Tefilin.
 
2. Mitzvas Lo Sa'aseh are punished with Malkus and from here we learn that women are obligated in all Mitzvos Lo Sa'aseh.
 
3. The Dinim of a Nesek (a Nega in the hair of the head or the beard) differ from a Nega in the skin. A Nega in the skin is Tamei if two white hairs develop in the Nega, while a Nega in the beard is Tamei if yellow hairs develop in the Nega.

BRIEF INSIGHT

THREE PESUKIM
 
Rebbi Yehudah holds that Tefilin is Mitzvas Aseh that is not time bound and he also learns that we may learn out from two Pesukim that teach the same Din. That which women are Chayav in Mitzvos Aseh that are not time bound according to Rebbi Yehudah is because women are obligated in Matzah, Hakhel and Simchah and they are three Pesukim that teach the same Din and we cannot learn out from them. From where does Rebbi Yehudah know that women are Patur from time bound Mitzvos Aseh? The Ritva explains that Rebbi Yehudah learns out from Re'iyah that women are Patur in all time bound Mitzvas Aseh. Just like women are Patur from Re'iyah so too they are Patur from all time bound Mitzvos Aseh.
 
However he cannot learn out from Sukah that women are Patur in time bound Mitzvos Aseh because the conclusion of the Gemara is Sukah is that it is a Halachah l'Moshe mi'Sinai that women are Patur from Sukah and nothing may be learned out from a Halachah l'Moshe mi'Sinai. (Pnei Yehoshua]

QUICK HALACHAH

PE'OS HA'ROSH
 
A person who shaves the Pe'os of a Katan is Chayav, however if one shaves the Pe'os of a Nochri or a woman he is Patur. A woman is not included in the Mitzvas Lo Sa'aseh that prohibits shaving the Pe'os of the head. Some say that even though a woman may shave the Pe'os of her head however she may shave the Pe'os of a man even if he is a Katan. (Shulchan Aruch YD 181:5, 6)
 
A woman is not included in the prohibition of shaving the Pe'os because the prohibition of shaving the beard does not apply to her and anyone who is Patur from shaving the beard is also Patur from shaving the Pe'os ha'Rosh. (Taz)

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