Why are Women Exempt from Tefillin? 10 Points About Time-Bound Positive Commandments

1. Time-bound positive mitzvot (commandments) are mitzvot that can only be fulfilled at specific times and become irrelevant after that period has passed.

2. From a halachic perspective, women are not obligated to fulfill these mitzvot, as opposed to positive commandments that are not time-bound and all negative mitzvot, which apply equally to women and men.

3. Relatively few mitzvot fall into the category of time-bound positive commandments. These include tzitzit, tefillin (which are only worn on weekdays, during the daytime), reciting the Shema, hearing the shofar on Rosh Hashanah, sitting in the sukkah, and shaking the lulav on Sukkot.

4. This exemption is noted in Tractate Kiddushin (Chapter 1, Mishnah 7): "And all time-bound positive mitzvot, men are obligated and women are exempt."

5. This exemption has been explained in various ways:

• For the sake of domestic harmony - "Because a woman is obligated to her husband to fulfill his needs, and if she were obligated in time-bound positive mitzvot, it is possible that at the time of performing the commandment, her husband would instruct her to fulfill his request. If she fulfills Hashem's mitzvah - woe to her from her husband. And if she fulfills his request and neglects Hashem's mitzvah - woe to her from her Creator. Therefore, the Creator exempted her from His commandments to maintain peace with her husband" (Abudraham, Tikkun Hatefilot Ve'inyaneihem, Third Gate).
• On account of her involvement in raising children – Rabbi Moshe Feinstein explains: "Because most women in the world are not wealthy and the responsibility of raising sons and daughters falls upon them, which is the most important work for Hashem and the Torah, and women's nature is more suited to raising children, which is why they were not obligated in Torah study and time-bound positive mitzvot. This is not because women are less holy than men, for regarding holiness they are equal to men..." (Responsa Igrot Moshe, Orach Chaim Part 4, Section 49).

6.Does this exemption indicate that women are less important than men?

In addition to Rabbi Moshe Feinstein's words, it should be noted that Rabbi Eliyahu Kitov explains a woman's role in child-rearing in a way that highlights her elevated status:

"Even though a woman was created equal to man regarding all Torah mitzvot, and was only later exempted from the time-bound commandments, this exemption is actually indicative of her elevated status, as it demonstrates how important her unique responsibilities are, to the point that they override many of the core commandments written in the Torah." (Ish U'veito, Chapter 8)

Similarly, Rabbi Samson Raphael Hirsch explains: The exemption of women from other time-bound positive mitzvot cannot be on account of their inferiority, as if the Torah believed they weren't worthy of fulfilling these commandments. Rather, it should be noted: The Torah did not obligate women in these commandments because they don't need them. For the goal of time-bound positive mitzvot is to express truths, thoughts, principles, and decisions through symbolic actions, and these values are renewed periodically so that we take them to heart and implement them in our behavior. The Torah assumes that women are more devoted and passionate about their goal, and the challenges they face in fulfilling their goal pose less risk to them. Therefore, there was no need to impose upon them all the commandments required of men, because men need repeated encouragement to be faithful in fulfilling their goal, and it is necessary to repeatedly warn them against any slackening in fulfilling their role.

(Rabbi Samson Raphael Hirsch's Commentary on the Torah, Vayikra 23:43)

7. Some mitzvot deviate from this rule, and women are obligated to fulfill them even though they are time-bound, such as circumcising a son on the eighth day, redeeming a firstborn son on the thirtieth day, rejoicing on the three festivals, Kiddush on Shabbat and holidays, fasting on Yom Kippur, and eating matzah on the first night of Pesach.

8. Beyond this, women are obligated in several rabbinic obligations, even though they are time-bound, since "they too were part of the miracle" (meaning women were saved by the miracles that prompted the Sages to establish these rabbinic obligations). These mitzvot include lighting Chanukah candles, reading the Megillah on Purim, and drinking the four cups of wine at the Seder.

9.Does the exemption mean that women are prohibited from performing these mitzvot?

Women are not prohibited from fulfilling time-bound positive commandments and may fulfill them if they wish to. Even so, it's important to recall the principle of "greater is one who is commanded and fulfills than one who is not commanded and fulfills."

10. Do women recite blessings over time-bound positive commandments?

Most Sephardic women do not recite blessings on time-bound mitzvot, in accordance with the Shulchan Aruch's ruling, which follows the Rambam's position that women should not recite blessings over these mitzvot, since they cannot declare "who has sanctified us with His mitzvot and commanded us" in light of their exemption.

Ashkenazic women recite the blessings, in line with the ruling of the Rema that follows the position of Rabbeinu Tam that women are allowed to fulfill the mitzvah and recite the blessing, even though they are exempt, since they are connected to the mitzvot in general and are rewarded for fulfilling them.