From: hem%warlock.UUCP@bertha.att.com
Subject: Re: Conservativ vs. Orthodox Halacha
Organization: Mail to News Gateway at Wang Labs
Date: Tue, 17 Nov 1992 16:42:00 GMT

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THe following article is copied with the permission of the
author from Mail.Jewish Mailing List Volume 5 Number 17.  It
appears to be appropriate as an addition to the threads on
Sexism and Tzitzis.


Hillel Markowitz    H_Markowitz@att.com

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Date: Thu, 12 Nov 92 09:20 O
From: Aryeh Frimer <F66235%BARILAN.bitnet@VM.TAU.AC.IL>
Subject: Women and Tallit/tefillen

      I have written about women and tallit and tefillen previously on
Kol Isha (SEE BELOW), but I'd like to relate to the issue of begged Ish
(Male clothing): 
    Several months ago, several posters referred to the Targum
Yonatanan ben Uziel, who on the verse "lo tilbash" (prohibition against
wearing the clothing of the opposite gender) cites as an example women
wearing Talit and tefillen. The fact is that the Halacha is clearly not
like this Targum Yonatan: the Talmud Shabbat allows women to wear
Tefillen to to save them from a fire on Shabbat and it is not
considered carrying because it is  halakhically a garment. The Talmud
Bavli several times notes that Michal the daughter of king Saul wore
tefillen although she was not obligated, and the Rabbis did not
object. Clearly she was unique and hence stands out. Yet, the rabbis
did not argue that she violated "Lo Tilbash".
      The reason there is no prohibition is because tefillen and Tallit
as well are "Begged Mitzvah", Garments one wears to fulfill a mitzvah -
they are not gender related per se'. They are essentially unisex
clothing that can be worn by either gender to fulfill the mitzvah.
Although women are not obligated in Tallit and tefillen, they are not
excluded from these mitzvot and indeed several women of note have worn
tefillen (Michal bat Shaul, the wife of the Orach Hayyim HaKadosh).It
is true that for reasons outlined in the Kol Isha posting (SEE BELOW)
women are discouraged from wearing Tefillen; but not because of the
gender related nature of Tefillen. Similarly, neither males nor females
wear four cornered garments like the tallit or tallit katan. We only
wear it to fulfill the mitzvah. These garments are definitely not
gender related; hence, no prohibition of lo Tilbash.

             WOMEN WEARING TALLIT OR TEFILLIN
        (REPRINTED FROM KOL ISHA VOL. 1 ISSUE 5, Date July 22, 1992)

        Sigrid Peterson clearly opened up a Pandoras box when she waved
the red flag of "Tefillin and Tzitzit". Although I am presently in the
US away from my library and source material (which resides with my
furniture in Rehovot, Israel), I will try to set the Halakhic record
straight on these two issues. But before doing so allow me to recommend
the outstanding three volume source book "HaIsha ve-Hamitzvot" of Rabbi
Dr. Eliakim Getzel Ellinson za"l.  I believe that the first two volumes
have been translated into  English by the Torah Education Department of
the Jewish Agency. Another outstanding (though Party-Line) text, which
unfortunately has not been translated into English is "Halikhot Beitah"
of R. Avraham Auerbach (Nephew of R. Shlomo Zalman Auerbach, the world
renowned Posek).
        Tzitzit is a time determined Commandment, from which women are
freed, since it is not obligatory to wear tzitzit at night. (In fact,
Rav Moshe Feinstein writes that one gets no additional "Mitzvah Points"
if you do where tzitzit at night!) However, tzitzit differs from other
Time determined commandments (TDC) like Lulav, Succah, Shofar etc which
women are encouraged to perform because tzitzit is not strictly
encumbent upon men. One is only obligated to put on tzitzit (here I am
referring to the fringes themselves) if one wears a four cornered
garment which is worn with two coners in the front and two in the
back. (As a result modern day shirts in which all four corners are worn
in the front are not obligated in Tzitzit). Since none of our modern
day garments qualify, men are theoretically freed from this mitzvah.
Nevertheless, observant Jews are careful to Obligate themselves in this
important Mitzvah by being careful to wear a four cornered garment -
the Talit Katan. The Rama says that under such conditions, where even
men are really freed but obligate themselves, for women to do so would
be YUHARA - showing off. Now Yuhara has its own rules: for example it
is not YUHARA if one is well known for his/her general righteousness in
all religious and interpersonal matters. Many of the women cited in Bob
Werman's excellent review fall into this category. Alternatively, one
could wear the talit under ones garments so that only you and your
Maker would know that you are being stringent in this special
Mitzvah. However, the Halakha views as showing off anyone who wants to
use shmirat HaMitzvot (the observance of Mitzvot) as "making a
statement". The statement needs to be made to the Almighty only. A
Talit Katan underneath your clothing is certainly proper. A Talit Gadol
is YUHARA. However, showing off, while improper and immodest (in a more
general tzniut sense applicable to men and women alike) - ain't such a
terrible sin IMHO, and in the great scheme of things Lashon Hara about
our Fellow Jews is probably much worse. It is for this reason that
while Halakha generally frowned on YUHARA it did not prevent those
women who were moved to wear Tallitot to do so.
        Tefillen, however, is a completely different
situation. Originally the obligation required men to wear tefillen the
entire day. While wearing tefillen, one must maintain sanctity in deed
and thought. One must guard the sanctity of the tefillen at all
times. The average Jew found this nigh impossible and as a result men
wear tefillen only for Shacharit when they are praying and hence are in
the swing of spiritual thought. At other times, men are dissuaded from
putting on tefillen because of the sanctity required.  Halakhically it
is as if one is wearing a sefer Torah. Because of this, anyone not
required to wear tefillen is Halakhically told not to. That men wear
tefillen is a special dispensation because they are obligated - but
only for Davening and only for Shacharit (there are those who put on
tefillen for a Brit). Hence, women who have put on tefillen have
generally been told by the local community to desist. The belief was
that ones sensitivity for the requisite sanctity of the Tefillen should
override ones desire to fulfill a mitzvah from which one is freed.
        The Yonatan Ben Uziel which objects to women wearing Tallit and
Tefillen follows the View of The Jerusalem Talmud and Pesikta which
objects to women fulfilling TDC (according to the view of R. Yehuda in
Eruvin).  However Jewish Law follows the Bavli in Eruvin which permits
women to fulfill and receive reward for their fulfillment of TDC.
        I trust I have shed a little light on a very complicated
subject. I apologize again for the absence of references.

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