Women and Shemitah - Nedarim Daf 59
- By Avrohom Adler
- Published 02/18/2008
- Nedarim
The Chinuch states that there is a positive commandment which
forbids plowing on Shemitah. It is written [Shmos 34:21]: From plowing and
harvesting you shall desist.
The Minchas Chinuch (112)
asks that if so, women should be exempt from this mitzvah, and they should be permitted to plow on shemitah
because it is a positive commandment that
has a time element to it and the principle is that women are exempt from any
positive mitzvah which is governed by
time?
He answers that women are obligated in this mitzvah because that rule is applicable only regarding a positive mitzvah that is incumbent on the body of the person and not a
mitzvah like shemitah, which is a mitzvah that is dependent on the land (mitzvos hateluyos
ba’aretz).
This can be better understood based upon our Gemora which says that the shemitah
prohibition is on account of the ground.
Proof to this distinction is
cited from the Ritva in Kiddushin (29a). The Gemora rules, based on a
Scriptural verse that women are not obligated to perform a circumcision on
their sons. Tosfos asks: Why is a verse
necessary; circumcision is a positive mitzvah which is governed by time since the mitzvah can only be performed by day, and women are exempt?
The Ritva answers: Any mitzvah
which is not related to the person themselves; this principle does not apply.
The mitzvah of milah is to
perform the circumcision on the son and therefore women would be obligated if
not for the special verse teaching us otherwise.
Spread The Word