I would like to mention a few kashyas I have on the pshat from R’ Chaim shlit”a. I would appreciate if anyone has any possible teirutzim.
At the beginning of the piece,
http://hebrewbooks.org/pdfpager.aspx?req=40793&st=&pgnum=6
he quotes from Targum Yonoson that there is an issur of lo silbash for a woman to wear tallis and tefillin, since there is no mitzvah whatsoever. On this basis, he asks on the Rema why, since we hold like Rabbeinu Tam that women can perform mitzvos asei shehazman grama, should there be a problem of lo silbash.
He also mentions that the Levush also refers to the issur of lo silbash.
1) Even if there is an issur of lo silbash (technically, lo yihyeh kli gever al isha), why would that preclude an additional problem of guf naki? Why make a second machlokes about that?
2) The Bais Yosef he quotes assers based on a Kol Bo, and the reason brought is clearly guf naki. Why would there be a kashya on the Rema, whose issur is based on guf naki, regardless of the fact that we pasken like Rabbeinu Tam? Even were we to assume that the Targum Yonoson’s problem of lo silbash somehow is exclusive of guf naki, we are not going like the T”Y anyhow, but rather like the K”B, based on the P’sikta and Yerushalmi.
3) The Levush in Hilchos Tefillin
http://www.hebrewbooks.org/pdfpager.aspx?req=14586&st=&pgnum=37&hilite=
clearly assers based on guf naki. Why does R’ Chaim put him together with the Targum Yonoson?
The Levush refers to the issur of lo yilbash only in Hilchos Tzitzis.
http://www.hebrewbooks.org/pdfpager.aspx?req=14586&st=&pgnum=22
If we want the Levush and Targum Yonoson to be in agreement, it would seem to make more sense to say that the T”Y (which is on the passuk of lo yih’yeh in parshas Ki Seitzei)
http://www.hebrewbooks.org/pdfpager.aspx?req=14085&st=&pgnum=261
is giving an example of lo yih’yeh, but not limiting the issur of a woman wearing tefillin to lo yih’yeh.
It’s also worth noting, in context of the broader discussion, that the Levush (Hilchos Tzitzis) is against women wearing a tallis.
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