For it was taught: "Michal the
daughter of the Kushite wore tefillin and the Sages did not attempt to prevent
her, and the wife of Jonah attended the festival pilgrimage and the Sages did
not prevent her." Now since the Sages did not prevent her it is clearly evident
that they hold the view that (Tefillin) is a positive precept the performance
of which is not limited to a particular time.
Had the wearing of a Tefillin be limited to certain times (a
time-bound, positive commandment) the wearing of Tefillin by women would be
forbidden. Clearly it is neither.
Could it not then here also
(regarding Tefillin) be said to be optional? (regarding time, and men can wear
them whenever they want) — (the Mishnah) represents rather the view of the
following Tanna. For it was taught: “If tefillin are found (on the Sabbath)
they are to be brought in, one pair at a time, irrespective of whether the
person who brings them in is a man or a woman, and irrespective of whether the
tefillin were new or old; so R. Meir. R. Judah forbids this in the case of new
ones but permits it in that of old ones.”
Now since their dispute is confined
to the question of new and old while in respect of the woman there is no divergence
of opinion it may be concluded that (Tefillin) is a positive precept the
performance of which is not restricted to a particular time, women being
subject to the obligations of such precepts.
And we should also not think that this is limited to
Tefillin:
But is it not possible that (the
author of this Beriata) holds the same view as R. Jose who ruled: “It is
optional for women to lay their hands upon an offering?” (see Lev. 1:4, even
though the commandment was given to men) For were you not to say so, how is it
that Jonah’s wife attended the festival pilgrimage and the Sages did not
prevent her, seeing that there is no one who contends that the observance of a
festival is not a positive precept the performance of which is limited to a
particular time? You must consequently admit that he holds (the Festival pilgrimage)
to be optional (and thus women can perform it)
All this is radical today, by the way, only to certain
circles. Liberal Jews have known and accepted this reading for decades. There really is no reason to hold on to the
idea that women must be restricted in the observance of Jewish ritual
commandments.
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