Tag Archives: Kli Yakar

Do Men Have More Mitzvot than Women?

This week’s parasha, Tazria, begins by describing the rituals that a mother must perform upon giving birth to a new child. If the child is male, the mother is considered “impure” for seven days following her delivery, and then spends an additional 33 days in purification. For a female child, the durations are doubled, with the mother “impure” for 14 days, and purifying for another 66 days. Why is the duration of purification for a female doubly longer than a male?

‘Garden of Eden’, by Thomas Cole

The apocryphal Book of Jubilees (3:8) suggests an interesting idea: Adam was made on the Sixth Day of Creation but, apparently, Eve wasn’t made until a whole week after. This is why a mother of a male child is impure for a week, but a mother of a female child for two weeks! Jubilees also holds that Adam was only brought into Eden forty days after being created, while Eve was brought in after eighty days. This is why a mother of a male child needs a total of forty days to purify, and a mother of a female child needs eighty days. Of course, Rabbinic tradition rejects the Book of Jubilees, and it is accepted that Adam and Eve were both created on the Sixth Day, and were in Eden from the beginning.

Commenting on this week’s parasha, the Zohar (III, 43b) states that it takes a soul 33 days to settle in the body. This is primarily referring to the new soul that enters a newborn baby, as it takes time for the ethereal soul to get used to its descent into a physical world. The Zohar doesn’t add too much more on this, but we might assume that, based on the words of the Torah, it takes a male soul 33 days to settle, and a female soul 66 days to settle. At the same time, the Zohar may be referring to the soul of the mother, too, as she is the one that spends 33 or 66 days in purification. As we’ve explained in the past, the severing of the mother’s direct connection to her child distresses her soul for 33 or 66 days following childbirth.

Whatever the case, the implication is that a female soul is somehow greater than a male soul. It has more spiritual power, taking longer to settle. The notion that female souls are greater is found throughout Jewish texts, especially mystical ones. Sefer HaBahir, one of the most ancient Kabbalistic texts, states that the female soul is the most beautiful of all, and an aspect of the Shekhinah, the Divine Presence (chs. 173-175). It explicitly makes clear that life on Earth would be impossible without the life-giving mother, who in this regard is much closer to God.

On that note, it has been said that God created the world sequentially from simple to complex, starting with the basic elements: light, air, water, earth; progressing to plants, then simple animals, then mammals, then man, and finally woman. The woman is the last of God’s creation, and therefore the most intricate and the most refined. It may be because of this that the Arizal taught that while male souls typically reincarnate to rectify themselves, female souls rarely if ever reincarnate at all (Sha’ar HaGilgulim, ch. 9).

It is important to mention here that we are speaking of female souls, not necessary to all women. The Arizal (as well as the Zohar cited above) speak of the possibility of female souls in male bodies, or male souls in female bodies. And it should also be mentioned that this does not necessarily affect the body’s sexuality. A “female” soul in a male body can still very much be a heterosexual male, and vice versa. (For more on this, see Rav Yitzchak Ginsburgh’s lecture here on the female soul of the forefather Isaac, as well as the prophets Samuel, Jonah, and Habakkuk.)

There are a number of consequences to the greater souls of females. For one, it gives them binah yeterah, an “extra understanding” sometimes referred to as “women’s intuition” (Niddah 45b). This is one reason why the women of the Exodus generation, for example, did not participate in the sin of the Golden Calf, nor the sin of the Spies. In fact, the Kli Yakar (Rabbi Shlomo Ephraim Luntschitz, 1550-1619, on Numbers 13:2) states that, had Moses sent female spies, there would have been no problem at all!

On the other hand, a more elevated soul and an extra depth of understanding means a greater sensitivity to the world, which makes women generally less prone to violence and drug abuse, but significantly more prone to depression and anxiety. The greater female soul has the amazing potential to bring life, yet simultaneously (to balance the equation) the potential for severe destruction, “more bitter than death”, to borrow from King Solomon in Kohelet 7:26. This is symbolically reflected in the menstrual cycle, where a lack of conception of life necessarily results in the shedding of blood, a “minor death” that is then rectified in the living waters of the mikveh.

Finally, a greater soul means that women require slightly less mitzvot than men. After all, the “mitzvot were given only in order that human beings might be purified by them… their purpose is to refine…” (Beresheet Rabbah 44:1) A more refined female soul does not need the same mitzvot that a male soul does. Unfortunately, this has sometimes been a point of contention in modern times. Yet, upon closer examination, we see that the differences in mitzvot between men and women are actually minimal and, contrary to the general belief, there is a perfect balance between those mitzvot done exclusively by men and those done exclusively by women.

“Time-Bound” Mitzvot?

The general rule is that, at least in principle, women are exempt from any mitzvah that can only be done at a particular time. This includes mitzvot like prayer, tefillin, and tzitzit. However, in practical terms we see that this “rule” isn’t really a thing, and there are many time-bound mitzvot that women are obligated in. For example, women are obligated in eating matzah on Pesach, and fasting on Yom Kippur, even though they are time-bound mitzvot.

The Mishnah (Berakhot 3:3) states that women are exempt from reciting Shema, yet it is quite normal for women today to say Shema twice daily just as men do. The same Mishnah exempts women from tefillin, but the Talmud (Eruvin 96a) states that a certain woman named Michal (presumably the daughter of King Saul and wife of King David) did wear tefillin and no one made a big deal out of it. Elsewhere, the Talmud (Kiddushin 34a) states that women are exempt from tefillin for the same reason that they are exempt from Torah study. Today, of course, it has become normal for women to study Torah, too. In fact, women always studied at least some Torah throughout history, and the Shulchan Arukh requires women to recite the blessing on Torah study just as men do, implying that they are obligated in Torah study as well (Orach Chaim 47:14).

Interestingly, there was one opinion in ancient times that while women are exempt from sitting in a sukkah, shaking the lulav, and donning tefillin, they are not exempt from tzitzit (Tosefta Kiddushin 1:8). This may be why the Rambam (Rabbi Moshe ben Maimon, 1135-1204) codifies as law that while women are not obligated to wear tzitzit, they may do so if they wish (Mishneh Torah, Hilchot Tzitzit 3:9). In the same place, the Rambam actually permits women to do any other mitzvot that they are not obligated in if they want to, but without reciting a blessing.

Another such mitzvah is hearing the shofar on Rosh Hashanah, which women were traditionally exempt from. By the time of the Shulkhan Aruch, though, we see it state that it is proper for women to hear the shofar, and even for a man who has already fulfilled the mitzvah to blow the shofar again for a woman who hasn’t yet fulfilled the mitzvah (Orach Chaim 589:6). In a bit of irony, today it is normal to see traditional Jewish women hear the shofar and shake the lulav, but not wear tzitzit or tefillin, even though our ancient sources suggest that it once may have been the opposite!

The Connection Between Tefillin and Mezuza

There is an intriguing connection between tefillin and mezuza, a mitzvah which women are obligated in (Berakhot 3:3). Both involve parchments in boxes, and the Torah twice commands the mitzvah of tefillin and mezuza together (as we read in the first two paragraphs of Shema). It was believed then, as it is now, that mezuza and tefillin both confer spiritual protection on their users. Some hold that the letter shin customarily written on the mezuza box, and the letters shin, dalet, and yud written on the mezuza scroll stand for shomer delatot Israel, God “guards the doors of Israel”. Similarly, the head-tefillin box has a shin written on it, too, and offers spiritual protection for its wearer. (The Lubavitcher Rebbe famously launched his “tefillin campaign” shortly before the Six-Day War in an effort to strengthen Israel.)

We know that in ancient times men wore their tefillin all day long, and not just for morning prayers as we do today. The reason was that men needed that spiritual protection throughout the day as they were going about their business. In light of this, it has been said that women, who were generally at home, did not need to wear tefillin since they were protected by the mezuzas of the house!

Rabbi Aryeh Kaplan teaches something similar in his book, Tefillin. He points out that the tefillin boxes are called batim, literally “houses”. The tefillin is like a mini-house for a man. They are a man’s spiritual home. The woman, meanwhile, is naturally more concerned with the physical home. We might add that tefillin was once a “piece” of the home that a man could take with him wherever he went, to extend that protection in his journeys.

Male vs. Female Mitzvot

In Temple times, women were also exempt from making a pilgrimage to Jerusalem three times a year during the holidays, but were required to appear every seven years during Hak’hel. A woman would bring a sacrifice just as a man would, but the Sages state she would not do semicha, where the person bringing the sacrifice lays their hands, or leans, on the animal.

So far, all that’s been discussed is positive commandments, of which there are a total of 248. When it comes to the 365 negative commandments, the Sages state that women are obligated in all but two: shaving, and for daughters of priests to be near dead bodies. (For a deeper look as to the connection between not shaving and the dead, see ‘Shaving and the Mystical Power of Beards’ in Garments of Light.)

In his Sefer HaMitzvot, the Rambam lists the mitzvot that women are obligated in, even though they are time-bound mitzvot: Kiddush on Shabbat, fasting on Yom Kippur, and eating matzah (along with the Rabbinic mitzvot of drinking four cups of wine and singing Hallel on Pesach), observing the holidays, Hak’hel, korban Pesach, Chanukah candles, and hearing the Purim Megillah. The Rambam also lists the 14 mitzvot that women today (or at least, in his day) are exempt from: Shema, head tefillin and arm tefillin (which are technically counted as two separate mitzvahs), tzitzit, Sefirat haOmer, sukkah, lulav, shofar, studying Torah, writing a Torah scroll, reciting the priestly blessing, having children, brit milah, and the mitzvah of a man gladdening his wife following their wedding and staying with her for an entire year uninterrupted.

As we have already seen, reciting Shema, sitting in a sukkah, shaking lulav, hearing the shofar, and studying Torah have all become women’s mitzvot, too. Writing a Torah scroll is not something any average Jew does today, whether man or woman, and reciting the priestly blessing is only relevant to a minority of kohanim. The others that the Rambam lists are actually subject to rabbinic debate. Some say women are obligated in having children, and even though the Torah phrases the mitzvah of marriage as being incumbent specifically upon men, women are obligated in marriage, too. This was, for example, the opinion of the Ran (Rabbi Nissim of Gerona, 1320-1376, on Kiddushin 16b). Besides, it is impossible for a man to marry or have children without a woman, so the mitzvah can only be fulfilled with them together as a couple. Sefirat HaOmer is debatable, too, with some saying women are obligated, including the Ramban (Rabbi Moshe ben Nachman, 1194-1270, on Kiddushin 34a).

With regards to brit milah, a woman obviously cannot have this mitzvah done. There is no need to because women are considered already “circumcised”, at least in a spiritual sense, straight from birth! (Avodah Zarah 27a) Now, the mitzvah is really incumbent upon a father to have his son circumcised, though a mother can certainly step in if necessary, just as we saw with Moses and Tzipporah (Exodus 4:25-26).

At the end, we are essentially left with just two mitzvot that today are considered strictly for men: tefillin and tzitzit. On the other hand, there are two mitzvot which are today associated most with Jewish women: lighting Shabbat candles, and immersion in a mikveh. If we look a little closer, we’ll find that the two “male” mitzvot and the two “female” mitzvot are intricately related.

Embracing God

The major purpose of wearing tefillin is, as the Torah clearly states, to serve as a sign (ot in Hebrew) of our Covenant with God, and as a symbol of our devotion to Him. Shabbat is similarly described as an ot, a sign between Hashem and us. In this way, tefillin and Shabbat are highly related. The Sages explain that this is why wearing tefillin on Shabbat is unnecessary: Shabbat already serves as the ot of the day, so there is no need for another ot. Tefillin is strictly a weekday sign.

Interestingly, Shabbat is always described in feminine terms: it is a “queen” and a “bride”. While the six days of the week have masculine energy, the Sabbath is entirely feminine energy. The Kabbalists relate them to the seven lower Sefirot, the first six being the masculine ones (called dchura, or duchra, “male” in Aramaic), and the seventh, Malkhut, being the feminine, nukva. It is therefore fitting that it is specifically women that light Shabbat candles to usher in the spirit of the day. The Shabbat candles themselves serve as a physical sign of the spiritual Sabbath. In this way, they perfectly parallel tefillin. Men tie two tefillin boxes during the six “masculine” days of the week as a sign, and then women light two candles as the same sign for the seventh “feminine” day of the week. Together, the couple maintains that symbolic and spiritual relationship with Hashem, each on the days that are more spiritually fitting for their souls.

The same is true for the parallel mitzvot of tzitzit and mikveh. When men wrap themselves in a tallit, the idea is to feel the “embrace” of God, so to speak. We affirm this very notion when putting the tallit on, as it is customary to say the verse: “How precious is Your lovingkindness, God! And people take refuge in the shadow of Your wings.” (Psalms 36:8) The tallit is compared to God’s “wings”, and we take shelter in His loving embrace.

The mikveh is the same, a mitzvah in which a woman can completely immerse in, and be “bathed” in Godliness. In several places in the Tanakh, God is actually called “Mikveh Israel”, as the Prophet said: “Hashem is Mikveh Israel; all that forsake You shall be ashamed; they that depart from You shall be written in the earth, because they have forsaken God, the fountain of living waters.” (Jeremiah 17:13) God Himself is the fountain of living waters, mekor mayim chayim, in an explicit Scriptural reference to the living waters of the mikveh. In this way, women “embrace” God in the waters of the mikveh, similar to the way (and in a much more powerful way) that men “embrace” God wrapped in a tallit.

To conclude, while there are certainly numerous details of halacha that pertain specifically to men or women alone, when it comes to God’s mitzvot in particular there is a wonderful balance in what is commanded to women and men. Ultimately, the Sages teach that any person is only half of a human being (Yevamot 63a), for it is only when man and woman unite that their soul is complete, and only as one can they properly fulfill all the mitzvot, and merit to have the greatest Godly presence in their lives.