<big><strong>גמ׳</strong></big> א"ר יוחנן אין למידין מן הכללות ואפילו במקום שנאמר בו חוץ
uses the expression, 'even where an exception was actually specified' it follows that he did not refer to our Mishnah;<span class="x" onmousemove="('comment',' Lit., 'that he does not stand here', since In our Mishnah exceptions were in fact enumerated.');"><sup>4</sup></span> now what did he refer to?<span class="x" onmousemove="('comment',' Lit., 'where does he stand?'');"><sup>5</sup></span> - He referred to the following:<span class="x" onmousemove="('comment',' Lit., 'there he stands'.');"><sup>6</sup></span> All positive precepts [the observance Of] which is dependent on the time [of the day Or the year] are incumbent upon men only, and women are free, but those which are not dependent on the time [of the day or of the year] are incumbent upon both men and women.<span class="x" onmousemove="('comment',' Kid. 34a.');"><sup>7</sup></span>
Sefer HaChinukh
And this commandment is practiced by males but not by females, as they do not judge - as we have said above in many places. And do not let that which is written about Devorah the prophetess (Judges 4:4), "and she judged Israel," be difficult to you. As it is possible for us to answer that the judgement was not concluded according to her [word]. Rather, [since] she was a wise woman and a prophetess, they would give and take with her - even about matters of the prohibited and the permitted and also civil laws. And hence it is written about her, "and she judged Israel, etc." Or we can say that the heads of Israel accepted her upon them - and after them, everyone - to decide according to her [word]. As everyone is fit [to judge] with acceptance [of the parties involved], since any condition upon money is valid (Ketuvot 56a). And nonetheless, all this that we have said that they do not judge is according to the opinion of some commentators and the opinion of the Yerushalmi (Talmud Yerushalmi Sanhedrin 3:9) - as such is it found there explicitly. But according to the opinion of some commentators, they are fit to judge. And they said that it is an open verse [that proves this] - as it is stated, "and she judged." And [about] that which they said in Sanhedrin 34b that anyone who is not fit to testify is not fit to judge - and women are certainly not fit to testify, as is proven there - it is possible that they would say, according to their opinion, that this is [not an issue] since we do not learn from general principles (Eruvin 27a). But what appears [correct] from the [sources] and from logic is that they are not [included] in the category of judgment, as it is found in the Yerushalmi and as it is implied in our Gemara (Bavli) by way of simple understanding.
Ask RabbiBookmarkShareCopy
