משנה: נָשִׁים וַעֲבָדִים וּקְטַנִּים פְּטוּרִין מִקִּרְיַת שְׁמַע וּמִן הַתְּפִילִּין וְחַייָבִין בִּתְפִילָּה וּבִמְזוּזָה וּבְבִרְכַּת הַמָּזוֹן. MISHNAH: Women, slaves, and minors are exempt from reciting the Shema‘ and from phylacteries but are obliged for prayer, mezuzah,136While both phylacteries and mezuzot are based on verses in Shema‘, their status is different. and Grace for food.
הלכה: נָשִׁים מְנַיִין וְלִמַּדְתֶּם אוֹתָם אֶת בְּנֵיכֶם. אֶת בְּנֵיכֶם וְלֹא אֶת בְּנוֹתֵיכֶם. HALAKHAH: Women from where? (Deuteronomy.11.19">Deut. 11:19) “You must teach them to your sons.” To your sons but not to your daughters137The father is unconditionally obliged to teach his sons Torah; since this is an integral part of Shema‘, the same is valid for reciting the Shema‘. It is general practice that women may recite Shema‘; it follows that in the opinion of the Yerushalmi, women may study any subjects of Torah they wish. [The Berakhot.20b">Babli, Berakhot 20b, simply notes that Shema‘ is an obligation to be executed at stated times, of which women and slaves are automatically exempted. Since the Yerushalmi brings this argument in relation to other things later in this section, it follows that for it the recital of Shema‘ is simply an aspect of Torah study and Torah study is required “day and night”, not depending on any particular time.].
עֲבָדִים מְנַייִן שְׁמַע יִשְׂרָאֵל יי֨ אֱלֹהֵינוּ יי֨ אֶחָד. אֶת שֶׁאֵין לוֹ אָדוֹן אֶלָּא הַקָּדוֹשׁ בָּרוּךְ הוּא יָצָא הָעֶבֶד שֶׁיֵּשּׁ לוֹ אָדוֹן אַחֵר. Slaves from where? (Deuteronomy.6.4">Deut. 6:4): “Hear, o Israel, the Eternal, our Power, the Eternal is unique.” He who has only one Lord, this excludes the slave who has another lord138As explained in the preceding paragraph, the Yerushalmi does not refer to the obligation of reciting Shema‘ as an obligation to be performed at stated times; therefore, a separate argument is necessary to free from the obligation slaves who accepted Judaism..
קְטַנִּים מְנַיִין לְמַעַן תִּהְיֶה תּוֹרַת יי֨ בְּפִיךָ בְּשָׁעָה שֶׁהוּא תָדִיר בָּהּ. Minors from where? (Exodus.13.9">Ex. 13:9) “So that the Torah of the Eternal should stay in your mouth”, at a time when he is permanent in it139This paragraph is exceedingly difficult for two reasons. 1) It is a generally accepted principle that minors are not obliged to do anything; it is their parents who are obliged to teach them and see to it that they perform miẓwot. 2) The verse deals only with tefillin.
In the Yerushalmi tradition, the statement and the tradition are not unquestioned. Both Mekhiltot (Mekhilta dR. Ismael, ed. Horovitz-Rabin, p. 68; Mekhilta dR. Simeon bar Ioḥai, p.41), the Tannaïtic commentaries to Exodus, give the same commentary on the next verse (Exodus.13.10">Ex. 13:10): “You must preserve this decree in its time, from year to year”. “Why has this been said? Because it has been said (v.9): ‘It shall be for you a sign on your hand’, I might understand this to include minors. And it is logical, since mezuzah is a positive commandment and tefillin are a positive commandment; if you find that mezuzah applies to minors the same way it applies to adults you might think that tefillin apply to minors the same way they apply to adults, but the verse says ‘you must preserve this decree’, I spoke only about those able to watch over their tefillin; from here they said: If a minor knows how to watch his tefillin, his father makes him tefillin.”
The argument presupposes the statement that minors are obliged to have mezuzot on their doors (meaning that if they live alone, the rabbinic authorities have to see to it that they have mezuzot on their doors). Mezuzah and tefillin are always mentioned together in the first two paragraphs of Shema‘. Hence, one may assume that they are identical in those details that are not spelled out. Both Yerushalmi and Mekhiltot agree that some explanation is needed to distinguish between the rules for mezuzah and those for tefillin. However, the Mekhiltot extend the obligation of tefillin to all school children whereas the Yerushalmi restricts it to those for whom the study of Torah is a permanent obligation, i. e., from Bar-Miẓwah onwards. In itself the argument about minors is totally irrelevant; it is needed to exclude the opinion of the Mekhiltot..
וְחַייָבִין בִתְפִילָּה כְּדֵי שֶׁיְּהֵא כָּל־אֶחָד וְאֶחָד מְבַקֵּשׁ רַחֲמִים עַל עַצְמוֹ. They are obliged to pray so that everybody ask mercy for himself140Here again, we have a divergence between Yerushalmi and Babli. The Yerushalmi states that prayer is an obligation not because it is a Biblical commandment but because the rabbis thought that everybody has to implore divine mercy for himself. In the Berakhot.20b">Babli (Berakhot 20b), the argument of the Yerushalmi is repeated but then it is stated that in Psalms (Ps. 55:18) three times daily are stated for prayer and if that were a general obligation, women would be automatically dispensed from it. Hence, it follows that the rabbinical obligation of prayer for women cannot mean for the Babli an obligation to pray at those stated times, which it could mean in the interpretation of the Yerushalmi. The opinion of the Babli is that of Maimonides, the possible one of the Yerushalmi that of Nachmanides..
וּבַמְּזוּזָה דִּכְתִיב וּכְתַבְתָּם עַל מְזוּזוֹת בֵּיתֶךְ וּבִשְׁעָרֶיךָ. And for mezuzah, as it is written (Deuteronomy.6.9">Deut. 6:9): “You shall write them on the doorpost of your house and your gates141This is an obligation of ownership, not of person..
וּבִרְכַּת הַמָּזוֹן דִּכְתִיב וְאָכַלְתָּ וְשָׂבָעְתָּ וּבֵרַכְתָּ אֶת יי֨ אֱלֹהֶיךָ. And grace after meals, as it is written (Deuteronomy.8.10">Deut. 8:10): “You will eat and be satiated; then you must praise the Eternal, your God.142According to the Yerushalmi, women and slaves are required to recite Grace from the Torah since everybody who eats must give praise. In the Babli (loc. cit.), this remains questionable.”
תַּמָּן תַּנִּינָן כָּל־מִצְוַת עֲשֵׂה שֶׁהַזְּמָן גְּרָמָהּ אֲנָשִׁים חַייָבִין וְהַנָּשִׁים פְּטוּרוֹת. וְכָל־מִצְוַת עֲשֵׂה שֶׁלֹּא הַזְּמָן גְּרָמָהּ אֶחָד אֲנָשִׁים וְאֶחָד נָשִׁים חַייָבִין. אֵי זֶה הוּא מִצְוַת עֲשֵׂה שֶׁהַזְּמָן גְּרָמָהּ כְּגוֹן סוּכָּה לוּלָב שׁוֹפָר וּתְפִילִּין. וְאֵי זוּ הִיא מִצְוַת עֲשֵׂה שֶׁלֹּא הַזְּמָן גְּרָמָהּ כְּגוֹן אֲבֵידָה וְשִׁלּוּחַ הַקַּן מַעֲקֶה וְצִיצִית. רִבִּי שִׁמְעוֹן פּוֹטֵר אֶת הַנָּשִׁים מִמִּצְוַת צִיצִית שֶׁהוּא מִצְוַת עֲשֵׂה שֶׁהַזְּמָן גְּרָמָהּ. שֶׁהֲרֵי כְסוּת לַיְלָה פָּטוּר מִן הַצִּיצִית. אָמַר רִבִּי לִייָא טַעֲמוֹן דְּרַבָּנָן שֶׁכֵּן אִם הָיְתָה מְיוּחֶדֶת לוֹ לְיוֹם וּלְלַיְלָה שֶׁהִיא חַייֶבֶת בְּצִיצִית. There (Kiddushin 1:7:1" href="/Jerusalem_Talmud_Kiddushin.1.7.1">Mishnah Qiddushin 1:7) we have stated: “Every positive commandment that is activated by time, men are obliged by it but women are exempt. Every positive commandment that is not activated by time, both men and women are obliged by it.” (Tosephta Qiddushin 1:10): “What is a positive commandment that is activated by time? For example sukkah, lulab, shofar, and tefillin. What is a positive commandment that is not activated by time? For example lost articles143The obligation to return found articles and stray animals to their owners in Deuteronomy.22.1-3">Deut. 22:1–3., sending away the nest144The obligation to send away the mother if eggs or chicks are taken from a nest in Deuteronomy.22.6-7">Deut. 22:6–7., railing145The obligation to make a fence around a flat roof in Deuteronomy.22.8">Deut. 22:8., and ẓiẓit146The obligation to wear ẓiẓit in the third section of Shema‘ where it is stated that they must be seen, so garments, worn exclusively in the night when it is dark, do not need ẓiẓit. The Kiddushin.33b-34a">Babli (Qiddushin 33b–34a; Menachot.43a">Menaḥot 43a) mentions neither ẓiẓit nor the opinion of Rebbi Simeon in its quotes from the Tosephta; it assumes the position of Rebbi Simeon to be generally accepted.. Rebbi Simeon exempts women from ẓiẓit because it is a positive commandment activated by time.” Because a nightgown is exempt from ẓiẓit. Rebbi Lia said: The reason of the rebbbis is that, if a garment is designated both for daytime and for night, it needs ẓiẓit.
תַּנִּי כָּל־מִצְווֹת שֶׁאָדָם פָּטוּר אָדָם מוֹצִיא אֶת הָרַבִּים יְדֵי חוֹבָתָן חוּץ מִבִּרְכַּת הַמָּזוֹן. וְהָא דְתַנִּינָן שֶׁאֵינוֹ חַייָב בַּדָּבָר אֵין מוֹצִיא אֶת הָרַבִּים יְדֵי חוֹבָתָן. הָא אִם הָיָה חַייָב אֲפִילוּ אִם יָצָא מוֹצִיא. אָמַר רִבִּי לִייָא שַׁנְיָא הִיא בִּרְכַּת הַמָּזוֹן דִּכְתִיב בָּהּ וְאָכַלְתָּ וְשָׂבָעְתָּ וּבֵרַכְתָּ אֶת יי֨ אֱלֹהֶיךָ. מִי שֶׁאָכַל הוּא יְבָרֵךְ. רִבִּי יוֹסֵי וְרִבִּי יוּדָה בֶּן פָּזִי הֲווּ יָֽתְבִין וְאָֽמְרִין לָא מִסְתַּבְּרָא בְקִרְיַת שְׁמַע שֶׁיְּהֵא כָל־אֶחָד וְאֶחָד מְשַׁנֵּן בְּפִיו. לָא מִסְתַּבְּרָא בִתְפִילָּה שֶׁיְּהֵא כָל־אֶחָד וְאֶחָד מְבַקֵּשׁ רַחֲמִים עַל עַצְמוֹ. It is stated: “For every obligation that a man is free of, he may help the congregation to fulfill their obligation, except for Grace.” But have we not stated: “Anybody who is not obligated may not help the congregation to fulfill their obligation”? If he were obligated, he could help them to fulfill even if he himself already fulfilled it!147“To be free” does not mean the same as “not being obligated” but rather “having already acquitted himself of the obligation.” The first statement means, e. g., that someone who already has heard the shofar on Rosh Hashanah nevertheless may blow the shofar and recite the appropriate benediction for somebody who did not hear the blowing. The only exception mentioned is that of saying Grace. The second statement means, e. g., that a woman, not being obligated to hear the shofar, may not blow the shofar for a man who is obligated. Since everybody is obligated to say Grace after a meal, there seems to be no reason why Grace should be exempted in the first statement. Rebbi Lia said: There is a difference about Grace since it is written (Deuteronomy.8.10">Deut. 8:10): “You will eat and be satiated, then you must praise the Eternal, your God;” he who ate must give praise. Rebbi Yose and Rebbi Judah ben Pazi were sitting together and saying: It would be reasonable148The exemption mentioned for Grace should be extended to the recital of Shema‘ and prayer. The argument for Shema‘ rests on the expression (Deuteronomy.6.7">Deut. 6:7) ושננתם ל֩בניך “you should repeat it to your sons”; it implies a personal action and cannot be performed by listening to a reader. The discussion of prayer presupposes the Galilean practice that the reader recite the Amidah aloud, without silent prayer, and it is stated that everyone is required to say the prayer with the reader, not just to respond with “Amen”. In Babylonia the question did not arise since silent prayer was always required before the repetition by the reader. for reciting the Shema‘ that every single person should repeat it aloud. It would be reasonable for prayer that every single person should pray for mercy by himself.
מַה בֵּין סוּכָּה וּמַה בֵּין לוּלָב. סוּכָּה אֵינָהּ טְעוּנָה בְרָכָה אֶלָּא לֵילֵי יוֹם טוֹב רִאשׁוֹן בִּלְּבַד. לוּלָב טָעוּן בְּרָכָה כָּל־שִׁבְעָה. רִבִּי יוֹסֵי וְרִבִּי אָחָא הֲווּ יָֽתְבִין אָֽמְרִין מַה בֵּין סוּכָּה וּמַה בֵּין לוּלָב. סוּכָּה נוֹהֶגֶת בַּלֵּילוֹת וּבְיָמִים. לוּלָב אֵינוֹ נוֹהֵג אֶלָּא בַיּוֹם. הָתִיב רִבִּי יַעֲקֹב דְּרוֹמַיָּא הֲרֵי תַלְמוּד תּוֹרָה נוֹהֵג בַּלֵּילוֹת כִבְיָמִים. מַיי כְדוֹן סוּכָּה אֵיפְשַׁר לָהּ לִיבָּטֵל. תַּלְמוּד תּוֹרָה אִיפְשַׁר לָהּ שֶׁלֹֹּא לִיבָּטֵל. What149It seems that this paragraph is put here because 1) sukkah and lulab were mentioned as examples of temporary obligations and 2) it was the subject of a discussion between Rebbi Yose (the Amora) and one of his colleagues. is the difference between sukkah and lulab? Sukkah does not need a benediction after the first night of the holiday, lulab needs a benediction all seven days150This is a shortened version of a Tosephta (Berakhot 6:9,10) discussed more in detail later (Berakhot 9:3:8-9" href="/Jerusalem_Talmud_Berakhot.9.3.8-9">Halakhah 9:4, fol. 14a) and in Sukkah.46a">Babli Sukkah 46a, where Rebbi states that one makes a benediction all seven days of Sukkoth and that Babylonian practice follows Rebbi. Galilean practice followed the rule that the benediction “Who commanded us to dwell in the sukkah” was recited only once during the entire holiday. About lulab, the Babli notes correctly that in the absence of a Temple, taking the lulab after the first day is a rabbinic ordinance, not a Torah commandment; hence, the obligation of the second day cannot be covered by the benediction of the first. It may be that this distinction caused Rebbi Yose to be dissatisfied with the first explanation.. Rebbi Yose and Rebbi Aḥa were sitting and saying, what is the difference between sukkah and lulab? Sukkah applies both nights and days, lulab applies only during daytime151While sukkah is one continuous obligation, lulab represents seven distinct periods of obligation of which each one merits a new benediction.. Rebbi Jacob the Southerner objected: But the study of Torah applies by night as by day? How is this? Sukkah will end; the study of Torah, it is impossible that it should ever end152It is unreasonable to say that a boy on becoming Bar Miẓwah should recite the benediction for the Torah once and not repeat it for his entire lifetime. Sukkah at least gets a new benediction every year..
תַּנִּי אֲבָל אָֽמְרוּ אִשָּׁה מְבָרֶכֶת לְבַעֲלָהּ וְעֶבֶד מְבָרֵךְ לְרַבּוֹ וְקָטָן לְאָבִיו. לֹא כֵן אָמַר רִבִּי אָחָא בְשֵׁם רִבִּי יוֹסֵי בַּר נְהוֹרָאִי כָּל־שֶׁאָֽמְרוּ בְקָטָן כְּדֵי לְחַנְּכוֹ. תִּיפְתָּר בְּעוֹנֶה אַחֲרֵיהֶן (אמן). כְּיַי דְתַנִּינָן תַּמָּן מִי שֶׁהָיָה עֶבֶד אוֹ אִשָּׁה אוֹ קָטָן מַקְרִין אוֹתוֹ עוֹנֶה אַחֲרֵיהֶן מַה שֶׁהֵן אוֹמְרִין וּתְהֵא לוֹ מְאֵירָה. אֲבָל אָֽמְרוּ תָּבוֹא מְאֵירָה לְבֶן עֶשְׂרִים שֶׁצָּרִיךְ לְבֶן עֶשֶׂר. It is stated153Tosephta Berakhot 5:17, Berakhot.20b">Babli Berakhot 20b, Sukkah.38a">Sukkah 38a. The entire piece is found in Sukkah 3:9:2" href="/Jerusalem_Talmud_Sukkah.3.9.2">Sukkah 3:11, Rosh Hashanah 3:9.: In truth, they said a woman may say Grace for her husband154He who does not know how to say Grace may listen to a companion recite Grace aloud. The Yerushalmi has no problem with women or slaves but for the Babli the question remains whether women may in fact recite Grace for males who have an obligation from the Torah, i. e., who actually ate their fill., a slave for his master, and a minor for his father. Did not Rebbi Aḥa say in the name of Rebbi Yose bar Nahoraï: All they said about a minor is for the latter’s education155The minor must be educated; there is an obligation on the father to teach him all religious obligations but the minor himself is not obligated and, by the previously mentioned principle, cannot perform any religious duty for others.? Explain it that he recites after him156The adult repeats word by word what the minor says, so the adult in fact has recited all benedictions., as we stated there157In some Tosephta collection no longer extant.: “He for whom a slave, a woman, or a minor were reading it, repeats after them what they are saying, and may it be a curse for him. In truth, they said there should be a curse on the man of twenty years who needs the child of ten.”