קידושין דף לה ע"א

And according to Rabbi Yochanan ben Beroka, who says: about both of them it says (Bereishis 1:28) And G‑d blessed them... be fruitful and multiply — what is there to say?^[1]

ולר' יוחנן בן ברוקא דאמר - who says the obligation of pru urvu is written for women — how can one then derive the other positive mitzvos not bound by time, to obligate them, from fear of parents? For fear of parents and pru urvu are two verses that come as one.

Because Torah study and redemption of the firstborn are two verses that come as one, and any two verses that come as one do not teach.^[2]

ופדיון הבן - as we derived earlier in this perek (Kiddushin 29a) that women are exempt from redeeming their sons, as it is written you shall surely redeem.

But according to Rabbi Yochanan ben Beroka too, let pru urvu and fear of parents be two verses that come as one, and they do not teach!

They are needed: for had the Torah written fear and not written pru urvu, I would have said: the Torah said and conquer it — a man, whose way is to conquer, yes; a woman, whose way is not to conquer, no;

צריכי - that is, they are not two that come as one, so as to say that they do not teach; rather, both are needed, for had it written one, the other could not be learned from it.

דרכו לכבש - the land, in war; and it is not her way, etc. And since we do not read and conquer it regarding her, we do not read be fruitful and multiply regarding her.

and had it written pru urvu and not written fear, I would have said: a man, who has it in his power to do it, yes; a woman, who does not have it in her power to do it, no; and since she does not have it in her power to do it, she would not be obligated at all.

סיפק בידו לעשות - to honor his father, for the authority of others is not over him.

לא תתחייב כלל - even when unmarried.

They are needed.

That works for the one who says two verses that come as one do not teach; but according to the one who says they do teach, what is there to say?

הניחא כו' - this refers to above, where we asked, let us learn from Torah study, and answered: because Torah study and redemption of the firstborn, etc.

מא"ל - let us learn from Torah study and redemption of the firstborn that the other positive mitzvos not bound by time are exempt.

Rava said: The people of Papunia know the reason for this matter, and who is he? Rav Acha bar Yaakov.

פפונאי ידעי כו' - the students in Papunia; and who is he? Rav Acha bar Yaakov, who lived in Papunia, as it says in perek HaShutfin (Bava Basra 16a) about the Satan and Peninah intended it for the sake of Heaven: Rav Acha bar Yaakov expounded it in Papunia, and the Satan came and kissed his feet.

The verse says (Shemos 13:9) And it shall be for you a sign on your hand and a remembrance between your eyes, so that the Torah of Hashem shall be in your mouth — the whole Torah is compared to tefillin:

למען תהיה תורת ה' - here the whole Torah is compared to tefillin; and we do not set aside the comparison and learn by a binyan av from matzah and hakhel regarding time-bound mitzvos, nor from Torah study and redemption of the firstborn regarding mitzvos not bound by time.

just as tefillin is a time-bound positive mitzvah and women are exempt, so too every time-bound positive mitzvah — women are exempt;^[3]

and since women are exempt from time-bound positive mitzvos, it follows that women are obligated in positive mitzvos not bound by time.

ומדמצות עשה שהזמן גרמא נשים פטורות שלא הזמן גרמא נשים חייבות - since the comparison had to be written to exempt them from time-bound mitzvos, it follows that they are obligated in the other mitzvos.

That works for the one who says tefillin is a time-bound positive mitzvah; but according to the one who says tefillin is a positive mitzvah not bound by time, what is there to say?

הניחא כו' - it is a dispute in tractate Shabbos (Shabbos 61a) and in the last perek of Eruvin (Eruvin 95b).

מא"ל - if so, one could learn the reverse: that women are exempt from mitzvos not bound by time.

Whom did you hear say that tefillin is a positive mitzvah not bound by time? Rabbi Meir; and he holds that two verses that come as one — and any two verses that come as one do not teach.

ומשני מאן שמעת ליה האי סברא ר"מ - in Eruvin; and according to him the comparison is not needed, but rather as we derived at first by a binyan av, learning from re'iyah (appearing in the Beis HaMikdash on the festivals), which is a time-bound positive mitzvah and women are exempt; and as for what we asked above — let us learn from matzah and hakhel to obligate — Rabbi Meir holds that two verses that come as one do not teach.

And according to Rabbi Yehudah, who says two verses that come as one do teach, and that tefillin is a positive mitzvah not bound by time — what is there to say?

ופרכינן ולרבי יהודה דאמר מלמדין - in Sanhedrin, perek Arba Misos (Sanhedrin 67b), and he also says in Eruvin (Eruvin 96b) that tefillin is a positive mitzvah not bound by time — what is there to say? From where would the exemption for time-bound positive mitzvos come?

Because matzah, rejoicing and hakhel are three verses that come as one, and three verses that come as one do not teach.^[4]

משום דהוי שמחה כו' - and we do not hold like Abaye, who said above: a woman, her husband gladdens her.

And all negative mitzvos, etc.

From where are these words?

Rav Yehudah said in the name of Rav, and so the school of Rabbi Yishmael taught: the verse says (Bamidbar 5:6) A man or a woman, when they commit any of the sins of man — the verse made a woman equal to a man for all the punishments in the Torah.

לכל עונשין - and the punishments of the negative mitzvos are lashes.

The school of Rabbi Eliezer taught: the verse says (Shemos 21:1) which you shall set before them — the verse made a woman equal to a man for all the laws in the Torah.

דבי ר' אליעזר תנא כו' - he does not bring it to explain our Mishnah; rather, since we brought punishments, he also brings, incidentally, from where they are included in monetary law and in death — that one who kills them is put to death.

The school of Chizkiyah taught: the verse says (Shemos 21:29) and it kills a man or a woman — the verse made a woman equal to a man for all the deaths in the Torah.

לכל מיתות - that one who kills them is liable to death for them; and likewise the ox — ransom.

And they are needed:

for had it taught us the first one — because of atonement, the Torah had pity on her; but laws, I would say: a man, who conducts business, yes; a woman, no;

הך קמייתא - which speaks of the offering for a false oath about a deposit, of robbing a convert, in parshas Naso.

and had it taught us this one — because it is her life; but ransom, I would say^[5]

דחיותה היא - for if she were not included in the laws, she would have no life: everyone would rob her, and she would rob others, and everyone would keep away from her.

אבל כופר - and it kills a man or a woman, which speaks of the ransom of a forewarned ox that killed a person.

Tosafos

ולרבי יוחנן בן ברוקא ניהוו מורא ופריה ורביה שני כתובין - And if you will say: why does it not say, according to the Rabbis, let fear of parents and mezuzah be two verses? And according to what I explained above, that both are needed, it is well.

מכלל דמ"ע שלא הזמן גרמא נשים חייבות - Rashi explains: since a verse was needed for the comparison, to exempt women from time-bound mitzvos, it follows that women are obligated in positive mitzvos not bound by time. That is: if you would say they are exempt, why was the comparison to tefillin needed to exempt women from time-bound mitzvos? Even without it we would know: now that women are exempt from mitzvos not bound by time, all the more so from time-bound ones. But this is not right, for how could the verse be silent about the comparison to tefillin? On the contrary — had it been silent about it, we would learn from matzah and hakhel that women are obligated in time-bound positive mitzvos. Therefore the Ri explains: it follows that women are obligated in positive mitzvos not bound by time; for if they were exempt, the verse should have written the comparison, so that the Torah of Hashem shall be in your mouth, about Torah study or redemption of the firstborn, to compare to it and say: just as women are exempt from Torah study or from redemption, which is a positive mitzvah not bound by time, so too they are exempt from every positive mitzvah not bound by time — just as it compares the exemption of time-bound mitzvos to tefillin. Rather, learn from this: since it wrote this comparison to tefillin, which is time-bound, it follows that the other positive mitzvos not bound by time — they are obligated.

אלא למ"ד תפילין הוי מ"ע שלא הזמן גרמא מאי איכא למימר - Rashi explains: on the contrary, we should say the reverse — that women are exempt from mitzvos not bound by time, from tefillin, and obligated in time-bound mitzvos, from matzah and hakhel, since he holds two verses that come as one do teach. And it answers: whom did you hear say that tefillin is not time-bound? Rabbi Meir, and he holds they do not teach. And Rashi explains that according to him the comparison is not needed, but as we derived above by a binyan av, learning from re'iyah, which is a time-bound positive mitzvah and women are exempt; and as for what we asked — let us learn from matzah and hakhel to obligate — Rabbi Meir holds two verses that come as one do not teach. End of his words. And this is the reason that women are exempt from time-bound positive mitzvos: the Torah wrote specifically of matzah and hakhel that they are obligated, but from every other time-bound positive mitzvah women are exempt; since they do not teach, it is like a limitation: these specifically are obligated, but not others. And if you will say: granted for time-bound mitzvos, but for those not bound by time, from where does he know they are obligated? One can answer: since Torah study and redemption of the firstborn are two verses that come as one and do not teach, it is like a limitation: these specifically are exempt, but in mitzvos not bound by time in general women are obligated.

משום דהוי שמחה מצה והקהל שלשה כתובים הבאים כאחד - And if you will say: you have resolved the case of time-bound positive mitzvos, that they are exempt — that one cannot learn from matzah and hakhel, since together with rejoicing they are three verses that come as one, as I explained; but for positive mitzvos not bound by time, from where does he know they are obligated? Say they are exempt, from Torah study and redemption of the firstborn! One can answer: he does not hold like Rabbi Yochanan ben Beroka, and so there are three verses that come as one: Torah study, redemption of the firstborn, and pru urvu. And if you will say: according to Abaye, who said above (Kiddushin 34b) a woman, her husband gladdens her, there are then only two verses — so how does Rabbi Yehudah, who says they teach, resolve time-bound positive mitzvos? Say we should learn from matzah and hakhel to obligate! One can answer: he places kiddush of the day together with matzah and hakhel, and they are three verses, and they do not teach. And women are obligated in kiddush of the day by Torah law, as it is written (Shemos 20:8) Remember the Shabbos day — remember it over wine; and whoever is included in guarding is included in remembering, and these women, since they are included in guarding, are included in remembering too.

משום כפרה חס רחמנא עליה - And if you will say: all the more so, had it not been written, He would have had even more pity on her, for she would have neither punishment nor sin! One can answer: in any case atonement is needed where punishment is written explicitly for women, such as with forbidden relations.

Notes

1. 1. Continues from [Kiddushin 34b]: why not learn from Torah study that women are exempt from every positive mitzvah not bound by time; and Rabbi Yochanan ben Beroka holds that women too are commanded in pru urvu (having children).
2. 2. Two verses that come as one — two verses teaching the same law. Since the Torah had to write both, nothing is learned from them for other places.
3. 3. A time-bound positive mitzvah — one that depends on a set time, such as sukkah or shofar.
4. 4. Hakhel — the gathering of the whole people to hear the Torah read, after the Shemitah year; women too are obligated in it.
5. 5. The passage continues on [Kiddushin 35b].