Home › Forums › Controversial Topics › R' Chaim Kanievski Women Wearing Tefillin
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March 24, 2014 3:10 am at 3:10 am #612430Patur Aval AssurParticipant
It seems that those in favor of women wearing Tefillin have a good source to rely on – R’ Chaim Kanievski. In his commentary to Maseches Tzitzis he explains that the man d’amar that holds that the chachamim protested Michal wearing Tefillin holds that women do not get a mitzvah for doing a mitzvas aseh shehazman grama and therefore putting on Tefillin is an issur of Lo Silbash. But we pasken that women do get a mitzvah for doing a mitzvas aseh shehazman grama in which case the fact that it’s a mitzvah makes it not lo silbash. And the problem of guf naki wouldn’t be a problem is based on the assumption that that was the reason why the chachamim protested Michal. But once we explained that man d’amar with the other reason, mimayla this problem doesn’t exist. Granted he concludes with tzarich iyun because of the Rema and the Biur Hagra, but lemaaseh according to his pshat, women can wear Tefillin.
March 24, 2014 3:30 am at 3:30 am #1046737Patur Aval AssurParticipantTo see the actual text:
March 24, 2014 3:50 am at 3:50 am #1046738Patur Aval AssurParticipant“And the problem of guf naki wouldn’t be a problem is based on the assumption that that was the reason why the chachamim protested Michal.”
Sorry. that should say “And the problem of guf naki wouldn’t be a problem because it is based on the assumption that that was the reason why the chachamim protested Michal. (ayin Beis Yosef siman 38)”
March 24, 2014 5:14 am at 5:14 am #1046740ihearMemberI don’t understand u could wake up wtvr time u want every day without ever having to worry about shema zman teffila or TEFFILIN do u realize what a luxury that is?? I love the mitzvah of teffilin, but seriously chill, why would u want another reason to never be able to sleep late or go places where a minyan is required?!
U wanna wear teffilin go ahead they cost 2000 bucks and have to be put on EVERYDAY not just when u feel spiritual, and can’t be kept just anywhere eg; sun heat etc. . Oh and a bag and accessories are like another 150$. U wanna tallis also?
My advice: enjoy the mitzvos u were given its alot easier for women to connect to god then for men they dont need all the extra stuff, maybe that’s why they weren’t given them, who knows
March 24, 2014 5:35 am at 5:35 am #1046741☕ DaasYochid ☕ParticipantIhear, what does putting on tefillin as an optional mitzvah have to do with what time one wakes up?
PAA, R’ Chaim is clearly not saying anything l’maaseh. Why do you say he is?
March 24, 2014 8:21 am at 8:21 am #1046742SoftwordsParticipantPAA – I can not speak for R’ Chaim being that I have not asked him directly. It is obvious, however, that he is in great opposition to WOW.
I would venture to say that according to everybody, including the Ben Ish Chai who holds that there is a problem of Beged Ish, the main problem here is that these WOW women are Mizalzel B’Torah U’Mitzvos. The fact that they as a whole are not Shomrei Torah U’Mitzvos shows that their wearing Tefillin has nothing to do with dedicating themselves to Torah, but rather they are feminists that found their niche in feminism; namely “defend” women from chauvinism in Judaism. Unfortunately, in order for a cause to take off you need backers and they are clearly not getting support from their religious counterparts.
March 24, 2014 8:25 am at 8:25 am #1046743SoftwordsParticipantBTW – later I found this quote by Rabbi Ozer Alport, although he does not quote his source.
If that is the case, then clearly according to Harav Chaim Kanievsky WOW is different being that even they feel that Tefillin is voluntary for a woman and not obligatory.
March 24, 2014 2:05 pm at 2:05 pm #1046744Sam2ParticipantPAA: Everyone agrees that according to the Maskana of the Gemara and most Rishonim women can wear Tefillin. The objection is based on the Minhag quoted in the Rama that developed either during or after the time of the Gemara. MiDina DiGemara it’s Muttar. But the very strong Minhag is to be Oser. That is what these people (let’s call them neo-Conservatives) are missing. It’s not Halachic because they think they can ignore the Halachic process and re-read the Sugya against the Rama and all the Achronim.
Softwords: That’s not a good answer for Michal because it assumes Darshinan Taama Dikra. We’re not Doresh Taama Dikra like that.
March 24, 2014 2:19 pm at 2:19 pm #1046745apushatayidParticipantHowever he learns pshat in the gemara, is irrelevent until we know how he would pasken limaaseh.
March 24, 2014 2:32 pm at 2:32 pm #1046746newhereParticipantihear-
Who said women don’t have to worry about zman tefilah?
March 24, 2014 3:44 pm at 3:44 pm #1046748Patur Aval AssurParticipant“PAA, R’ Chaim is clearly not saying anything l’maaseh. Why do you say he is?”
That’s why I specifically said that he leaves off as tzarich iyun. But according to his pshat in the sugya, there would be no problem. Whether R’ Chaim himself would rely on his pshat halacha lemaaseh is a different story.
Sam2: R’ Chaim’s pshat avoids the Rema’s issue – the Beis Yosef explains that the Rema’s issue (i.e. the Kol Bo) is the reason behind the man d’amar that says that the chachamim protested Michal. But according to R’ Chaim’s pshat the reason for that man d’amar is based on Lo Silbash in which case the other issue never becomes an issue. Granted, the Rema and the later acharonim seem to have a different understanding, which is why he concludes with tzarich iyun. But in terms of pshat, he is “disagreeing” with the Rema’s understanding of the sugya which then obviates the Rema’s issue.
March 24, 2014 3:46 pm at 3:46 pm #1046749apushatayidParticipantIt doesnt obviate hundreds of years of psak limaaseh and mesorah though. That is the crucial point.
March 24, 2014 3:49 pm at 3:49 pm #1046750Patur Aval AssurParticipantSoftwords:
I don’t recall saying anything about Women of the Wall. This has nothing to do with them.
As for your next point, R’ Chaim clearly says that the fact that they get a mitzvah for doing it (i.e. even though they are NOT obligated) makes it not beged ish. If you provide a source for your claim b’shem R’ Chaim then maybe I can reconcile it with what he says here. Until then, I can’t do any better than what he actually says in Maseches Tzitzis.
March 24, 2014 4:14 pm at 4:14 pm #1046751charliehallParticipant“But the very strong Minhag is to be Oser.”
If it is minhag, it isn’t asur. There is a difference.
“It doesnt obviate hundreds of years of psak limaaseh and mesorah though.”
Can an acharon can ignore other acharonim? If you can pasken halachah l’maaseh based on chazal and rishonim, you can get very different conclusions. The Vilna Gaon did just that, and to a great extent so did Rabbi Joseph Soloveitchik z’tz’l and Rabbi Ovadia Yosef z’tz’l. Given our strong idea that earlier authorities are greater than later authorities, it takes a lot to say that the Bavli, and a significant fraction, possibly even a majority, of the important rishonim, can’t be followed.
March 24, 2014 4:30 pm at 4:30 pm #1046752gavra_at_workParticipantPatur Aval Assur:
1: Rav Chaim is a Talmid Chacham, not a Posek (Not to take away from his Gadlus, he says so himself).
2: If it wasn’t written as P’sak, then it is only hypothetical lomdus (which is common in the Yeshiva world).
Softwords – I don’t disagree with you about WoW, but the OP probably brought the question up because of recent events in the US which have nothing to do with WoW. (This is a general FYI comment and is not an attempt to disagree with your good points).
March 24, 2014 5:04 pm at 5:04 pm #1046753Sam2ParticipantCharlie: Minhagim can make things Assur. Of course they can. Minhag is a powerful Halachic tool and consideration.
Also, your second paragraph is in theory not incorrect. However, it takes incredibly broad shoulders to say that we can go like Rishonim against the Psak Hamekubal in Shulchan Aruch and Achronim. Shoulders far, far broader than anyone who has supported this issue has.
March 24, 2014 5:54 pm at 5:54 pm #1046754Patur Aval AssurParticipantClarification:
I am not advocating women wearing Tefillin. I am just pointing out that for those women who sincerely want to wear Tefillin, R’ Chaim’s mehalech in the sugya removes all issues. Now if someone wants to say that R’ Chaim’s mehalech can’t override the Rema, that’s perfectly fine.
March 24, 2014 6:15 pm at 6:15 pm #1046756Patur Aval AssurParticipant“Rav Chaim is a Talmid Chacham, not a Posek (Not to take away from his Gadlus, he says so himself)”
So I don’t have to follow an edict upon which his name is signed?
March 24, 2014 6:22 pm at 6:22 pm #1046757☕ DaasYochid ☕ParticipantNow if someone wants to say that R’ Chaim’s mehalech can’t override the Rema, that’s perfectly fine.
Of course it can’t, which is why taking R’ Chaim out of the realm of “hypothetical lomdus” (black hat tip to Gavra) is so outrageous, yet that is what you are doing.
March 24, 2014 6:58 pm at 6:58 pm #1046758gavra_at_workParticipant“Rav Chaim is a Talmid Chacham, not a Posek (Not to take away from his Gadlus, he says so himself)”
So I don’t have to follow an edict upon which his name is signed?
Why would you think that you would have to? Is he your personal Rov (as opposed to Softwords, for whome he might be)? Of course you don’t.
DY: As we sometimes say here, thank you kindly.
March 24, 2014 9:58 pm at 9:58 pm #1046760Patur Aval AssurParticipant“Why would you think that you would have to?”
I don’t. But if I would take seriously what I read on YeshivaWorld then I would think that I do have to.
March 24, 2014 10:01 pm at 10:01 pm #1046761Patur Aval AssurParticipant“Of course it can’t, which is why taking R’ Chaim out of the realm of “hypothetical lomdus” (black hat tip to Gavra) is so outrageous, yet that is what you are doing.”
All I am doing is providing women who want to wear Tefillin a way in which to work out the sugya so that all potential reasons why a woman shouldn’t wear Tefillin are circumvented.
March 24, 2014 11:36 pm at 11:36 pm #1046762☕ DaasYochid ☕ParticipantExcept that that’s not how halacha is supposed to work.
March 25, 2014 2:52 am at 2:52 am #1046766Patur Aval AssurParticipant“Except that that’s not how halacha is supposed to work.”
Correct if you adopt a codifier’s methodology of halacha. But if you adopt a Lurian methodology then this is exactly how halacha is supposed to work – you learn through the Gemara and come up with the best pshat and take the early authorities into account but by no means be bound by them. In fact if not for the special respect that is being accorded to the Rema, you will find that his view is a minority view.
Once again though, I am not advocating women’s Tefillin.
March 25, 2014 3:03 am at 3:03 am #1046767ihearMemberNewhere- Are women not Patur from any mitzvah shasey Shehazman grama?
And teffilin does have to do with what time u wake up just go to the Diras in e’y and ull c what I mean 🙂
March 25, 2014 6:15 am at 6:15 am #1046769Sam2ParticipantPAA: I’m not sure what you’re trying to say. If a truly Tzanua woman who is Yarei Hashem wants to put on Teffilin in the privacy of her own home and without publicizing it, she has enough support for that before this R’ Chaim. And the Mekoros Assering still Asser. It’s a P’shat, but it won’t change anything in any direction in this discussion.
March 25, 2014 1:52 pm at 1:52 pm #1046770SoftwordsParticipantPAA: I do not know off hand if these are the psakim of Rav Chaim or just him bringing down the psakim of the mishna brura in short, but this is what he writes in ??? ???? ?????:
? ???? ?????? ?????? ??????? ??? ????? ????? ?????? ?? ???? ????? ????
???? ???? ???? ????? ????? ??? ?????? (??? ???? ???).
March 25, 2014 1:55 pm at 1:55 pm #1046771SoftwordsParticipantPAA: You are correct, I was very tired when I read your original comment and somehow interpreted it to refer to WOW. Sorry.
Question however. Did you bring this down for the MO girls that want to wear tefillin?
March 25, 2014 2:23 pm at 2:23 pm #1046772charliehallParticipant“If a truly Tzanua woman who is Yarei Hashem wants to put on Teffilin”
I do not know why this has become such a big issue. I do not know any orthodox women who put on tefillin. And I live in Riverdale!
March 25, 2014 2:31 pm at 2:31 pm #1046773jewishfeminist02Member“I don’t understand u could wake up wtvr time u want every day without ever having to worry about shema zman teffila or TEFFILIN do u realize what a luxury that is?? I love the mitzvah of teffilin, but seriously chill, why would u want another reason to never be able to sleep late or go places where a minyan is required?!
U wanna wear teffilin go ahead they cost 2000 bucks and have to be put on EVERYDAY not just when u feel spiritual, and can’t be kept just anywhere eg; sun heat etc. . Oh and a bag and accessories are like another 150$. U wanna tallis also?
My advice: enjoy the mitzvos u were given its alot easier for women to connect to god then for men they dont need all the extra stuff, maybe that’s why they weren’t given them, who knows”
Think about why men say “shelo asani isha” and why women say “sheasani kirtzono” and then rethink your above rant.
Also– “2000 bucks” and “another 150 for accessories”??? Are you kidding?? where on earth did you buy your tefillin? My husband got a gorgeous pair of gasos for 500 including the bag and everything.
March 25, 2014 3:47 pm at 3:47 pm #1046774Patur Aval AssurParticipantI would love to respond to all the comments but every time I try, my comments get blocked for some reason.
March 25, 2014 4:50 pm at 4:50 pm #1046776Patur Aval AssurParticipant“If a truly Tzanua woman who is Yarei Hashem wants to put on Teffilin in the privacy of her own home and without publicizing it, she has enough support for that before this R’ Chaim.”
Before R’ Chaim, there was no way (that I know of) to get around the fact that there is an opinion that there is a problem of guf naki. So in order to wear Tefillin, a woman would either have to completely disregard this shita, or say that it’s an insult to modern women etc. Now they can say that they learn the sugya in a way in which this is not a problem.
March 25, 2014 5:22 pm at 5:22 pm #1046777apushatayidParticipant“If it is minhag, it isn’t asur. There is a difference.”
so, “al titosh torah imecha” means nothing to you? the statement of chazal “minhag yisroel torah” means what, in your opinion?
March 25, 2014 5:47 pm at 5:47 pm #1046783apushatayidParticipant“Can an acharon can ignore other acharonim?”
Anyone can ignore anything.
“If you can pasken halachah l’maaseh based on chazal and rishonim, you can get very different conclusions. The Vilna Gaon did just that, and to a great extent so did Rabbi Joseph Soloveitchik z’tz’l and Rabbi Ovadia Yosef z’tz’l.”
So, you are equating those who permitted these girls to wear tefillin with The Gr’a, Rav Yosef Dov Halevi Soleveitchik and Rav Ovadia Yosef Zicronam livracha?
For starters they would never IGNORE earlier authorities, they might rule differently DESPITE the rulings of earlier authorities. That is quite different that IGNORING them.
“Given our strong idea that earlier authorities are greater than later authorities, it takes a lot to say that the Bavli, and a significant fraction, possibly even a majority, of the important rishonim, can’t be followed.”
Shammai and his talmidim were exceedingly greater in torah knowledge than we could ever imagine, however, the halacha does not follow them, and despite their greatness one can not decide to follow their opinions simply because they were such great people.
One can not simply take up the argument that, i am a rabbi, he is a rabbi, we are from the same time period, so, why not, let me find an opinion that disagrees with him and hang my opinion on that and run with it. If one chooses to do so, despite 500 years of mesorah not to, to me it says that either these people are so exceedingly knowledgeable in their torah knowledge that they feel comfortable discarding the last 500 years of practical halachic practice, or, they simply dont care. Interestingly enough, their own Rebbe believes they overstepped their bounds by this ruling.
March 25, 2014 5:50 pm at 5:50 pm #1046784apushatayidParticipant“2000 bucks” and “another 150 for accessories”???
Barely covers a sheitel and a styling these days 🙂
March 25, 2014 5:58 pm at 5:58 pm #1046785apushatayidParticipant“If one chooses to do so, despite 500 years of mesorah not to, to me it says that either these people are so exceedingly knowledgeable in their torah knowledge that they feel comfortable discarding the last 500 years of practical halachic practice, or, they simply dont care.”
Perhaps I am not being fair by pigeonholing them into one of these 2 options. Perhaps there is another option and that is, that despite 500 or more years of mesora they ruled the way they did due to some very compelling reason and using that very compelling reason along with authorities who do permit the practice to begin with, ruled as they did. Did they share with us the compelling reason to rule as they did? Did they even share their opinion with their own Rebbe?
March 25, 2014 6:36 pm at 6:36 pm #1046787newhereParticipantihear-
Yes, women are patur from mitzvas aseh shehazman grama, and are certainly patur from tefillin. But they are chayav in tefilah. How many times a days is a machlokes rishonim, but most mainstream achronim (including the m’b) hold that women are chayav at least in shachris and mincha. Assuming women are chayav in shachris I don’t see why they wouldn’t be obligated in zman tefillah as well. Another point to consider is that if a woman wants to say birchos krias shma (which she is not required to), according to nearly all achronim, it would be assur to say it after zman tefillah.
March 25, 2014 7:19 pm at 7:19 pm #1046788oomisParticipantMy only issue with this personally, is that were it to become commonly accepted practice for women to don tefillin every day, there would surely come a time when the woman who does NOT put on tefillin would be viewed as somehow not frum enough.
March 25, 2014 8:54 pm at 8:54 pm #1046789charliehallParticipant‘”al titosh torah imecha” means nothing to you?’
No, I said that there is a big difference between minhag and halachah. Minhagim change all the time. Halachah, only rarely.
Saying that minhag trumps halachah is reducing Rabbinic Judaism to a collection of customs. It is exactly what we accuse the Conservative and Reform movements of doing.
March 25, 2014 8:55 pm at 8:55 pm #1046790charliehallParticipant“you are equating those who permitted these girls to wear tefillin with The Gr’a, Rav Yosef Dov Halevi Soleveitchik “
My rav told me years ago that Rav Soloveitchik z’tz’l told him explicitly that women could put on tefillin if the motivation was correct.
” they would never IGNORE earlier authorities, they might rule differently DESPITE the rulings of earlier authorities”
In the case of women and tefillin, it is the earlier authorities who permit and the later authorities who don’t.
March 25, 2014 8:57 pm at 8:57 pm #1046791charliehallParticipant“despite 500 years of mesorah not to, to me it says that either these people are so exceedingly knowledgeable in their torah knowledge that they feel comfortable discarding the last 500 years of practical halachic practice, or, they simply dont care.”
Rabbi Ovadia Yosef z’tz’l ruled that a woman can read Megillat Esther for a man l’chatchila, despite 500 years of mesorah not to. Into which category would you put him? (He does have the support of an uncontested mishnah, an uncontested gemara, Rashi, Rambam, and the Shulchan Aruch.)
March 25, 2014 8:58 pm at 8:58 pm #1046792charliehallParticipant“there would surely come a time when the woman who does NOT put on tefillin would be viewed as somehow not frum enough.”
That appears to be the case today regarding women hearing the shofar on Rosh Hashanah.
March 25, 2014 8:59 pm at 8:59 pm #1046793charliehallParticipant” So in order to wear Tefillin, a woman would either have to completely disregard this shita”
A whole lot of rishonim disregarded this shita, which has no basis in Chazal.
March 25, 2014 9:02 pm at 9:02 pm #1046794charliehallParticipant“Did they share with us the compelling reason to rule as they did?”
Rabbi Harcsztark and Rabbi Lookstein did, in writing.
“Did they even share their opinion with their own Rebbe?”
Rabbi Harcsztark did, and reported that is rebbe, who is also a high school principal, agreed with him.
March 25, 2014 10:45 pm at 10:45 pm #1046795oomisParticipantRabbi Ovadia Yosef z’tz’l ruled that a woman can read Megillat Esther for a man l’chatchila,”
Women and men have EQUAL achrayus in hearing the Megillah leining, l’chatchilah. Women have NO achrayus to put on tefillin. My understanding is that when one has a chiyuv in a mitzvah requiring both an active and passive participation (i.e. Kiddush, Havdalah), that person can be Motzi another person with the same chiyuv. But it has to be an equal chiyuv in order for this to be so.
March 25, 2014 11:28 pm at 11:28 pm #1046796Sam2ParticipantCharlie: R’ Ovadia wasn’t reversing any P’sak. He was just saying, as he always does, that he Paskens like the Mechaber over the Rama and the Rambam over Tosfos.
PAA: The Mishnah B’rurah already says that the Guf Naki issue is that women are generally less hygienic than men. I think everyone agrees that this is not true nowadays.
March 26, 2014 3:47 am at 3:47 am #1046797ihearMemberNewhere women aren’t chayiv in shachris or mincha per se they are chayiv in teffilah that could be taking any min in the day and davening wtvr they want shachris tehillim or their own words, and even if they were chayiv in shachris they wouldn’t be held to the time restriction bec again they aren’t chayiv in ma”sg. Plus if they did raven it past zman teffillah it would just be mincha no?
I may have exaggerated on the price of teffilin but they are expensive.
Jewishfem: u make a good point about the broches in the morning I concede to u on that point
March 26, 2014 7:05 am at 7:05 am #1046798SoftwordsParticipantSam2 – Guf Naki has nothing to do with hygiene. It has to do with being careful not to expel gas while wearing Tefillin. What’s more is that there is also a Chiyuv to have your mind on the Tefillin at all times and to be in a state of reverence. This the Mishna Brura states that women are less careful with than men. Therefore, your average woman should refrain from wearing tefillin.
Furthermore, if not for the fact that it is a mitzvah D’orisah, Chazal would have forbade even men from wearing tefillin due to the reverence needed. Originally tefillin was worn all day. Chazal limited it to while davening Shachris.
Being that it is not simple for the average Jewish man to wear tefillin, all the more so women who are not obligated to wear Tefillin.
Those men who entertain the idea of women wearing tefillin do not fully understand the reverence and kedushah of Tefillin. Better to start focusing on our obligation and relationship to wearing Tefillin instead of worrying whether women are allowed to.
March 26, 2014 2:13 pm at 2:13 pm #1046799apushatayidParticipant“Saying that minhag trumps halachah is reducing Rabbinic Judaism to be a collection of customs.”
You said that, not me. I said the minhag is to follow a specific opinion and this decision unilaterally decided to uproot that custom and follow the other opinion instead.
You cite a psak of Rav Ovadia Z’l. So, I will ask again, are you equating these 2, to Rav Ovadia?
Did said high school principle ask HIS Rebbe for his opinion or did he feel that he is sufficiently great enough to issue a psak that goes against the established custom?
Lastly, can you point to a site that carries the psak of those who permit the girls to don tefillin? I would like to read it, especially their resosning, for myself.
March 26, 2014 2:25 pm at 2:25 pm #1046800charliehallParticipant“Women and men have EQUAL achrayus in hearing the Megillah leining, l’chatchilah.”
The Ashkenazic acharonim do not pasken that way.
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