JᴜᴅᴀIᴄᴀ: Nᴇᴜᴇ ᴅIGIᴛᴀᴌᴇ FᴏᴌGᴇ 1 (2020) https://doi.org/10.36950/jndf.1.4 c b – ᴄᴄ BY 4.0 Law, Hierarchy, and Gender: Reflections on the Exemption of Women from Time-Bound Commandments Valérie Rhein Universität Luzern
[email protected] Abstract: Why do the tannaim exempt women from time-bound commandments (m. Qid dushin 1:7)? In this paper it is argued that the unequal levels of obligation for men and women in rabbinic Judaism creates a hierarchy of mitzvot between them that mimics and virtually replaces the earlier biblical hierarchy of mitzvot between priests and Israel. In both constellations the rabbis consider the obligation to fulfill more commandments to be a privilege. The similarity between the hierarchies priests–Israel and men–women becomes apparent when the selection of commandments from which the tannaim and the amoraim explicitly exempt women are examined more closely: Many of them – the time-bound commandments shofar, lulav, tzitzit, tefillin, and shema as well as the non-time-bound mitzvah of Torah study – share a common feature, namely, their function as “ersatz Temple rituals.” During the transition from a Temple- oriented, priest-based Judaism to a study-oriented rabbinic Judaism, rituals such as these played a crucial role. Judaism is a religion of time aiming at the sanctification of time.¹ What is the difference between a Jewish man and a Jewish woman? From the perspective of observance and ritual practice, the answer is: In rabbinic Judaism, men are obligated, as a rule, to fulfill all the commandments, while women are not. This distinction between the sexes is based on a rabbinic principle handed down in the Mishnah in tractate Qiddushin: the men are obli—[ לכ תוצמ השע ןמזהש המרג ] All positive time-related obligations gated and the women are exempt, and all positive commandments not time-related both men and women are obligated.