In Time, Out of Time, or Beyond Time? Women and Sefiras HaOmer t is a well-known and oft-discussed feature of Jewish law that women are exempt from certain mitzvos, Rabbi Daniel Z. Feldman Iidentified by the categorical name Rosh Yeshiva, RIETS of mitzos asei she-ha-zman gramman, roughly translatable as “positive Rabbi, Congregation Ohr Sadya, Teaneck, NJ commandments that are caused by time,” or more loosely as “time-bound 1 positive commandments.” Many loss of a berachah and perhaps the that women are exempt from sefiras of these commandments and their mitzvah itself, in whole or in part. It ha-omer as a time-bound mitzvah, but applicability to women have been the would seem that there is more than the matter does not end there. subject of extensive discussion and enough reason to safely place this Many of the Ashkenazic Rishonim6 debate. However, one mitzvah that is mitzvah in the time-bound category. often overlooked in the debate, and are of the view that women are Indeed, this is the position held by permitted to volunteer to perform perhaps forgotten, is the very mitzvah Rishonim such as the Rambam3 and the mitzvos that exempt them, and to we most worry about forgetting: the Sefer HaChinuch.4 sefiras ha-omer. do so with a berachah. Thus, it would And yet here, as is so often the case, seem that sefiras ha-omer, with a At first glance, there should be we are surprised by the words of the berachah, should be allowed, as the nothing to talk about: sefiras ha-omer Ramban. The Talmud, in a source that Arukh HaShulchan in fact maintains. is clearly a time-bound mitzvah, if could be considered “zman gerama” Further, the Magen Avraham asserts there ever was one. It is applicable due to its recent appearance in the that women have accepted upon only seven weeks a year. During that Daf Yomi,5 provides a list of mitzvos themselves sefiras ha-omer as an time, it is performed once a day, and that are obligatory upon women, obligation.7 Some8 compare this that performance can only take place as they are non-time dependent. notion to the contemporary attitude on that specific day of the omer. Commenting on this list, the Ramban toward the Ma’ariv prayer: despite the Further, according to some Rishonim, observes that it is not exhaustive. fact that the Talmud identifies it as a the obligation can only be fulfilled There are mitzvos that are obligatory “reshut,” many Rishonim assert that it 2 at night. Aside from the technical for women, and yet are not included, is now accepted as obligatory. While details, sefiras ha-omer is uniquely such as for example, kibbud av v’eim, the position of the Ramban does not pressured from a time perspective: mora av v’eim, and ... sefiras ha’omer. seem to dictate the halachah, it might as alluded to above, it brings with be influencing practice nonetheless; The Ramban’s words demand it the constant anxiety that if it is it could be argued that this mitzvah attention both in terms of analysis , not accomplished within a certain from among those that are time- and application. Regarding the latter, window, there will be consequences bound, should be singled out for normative halachah appears to claim for the entire year’s omer cycle, in the 14 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Pesach 5776 voluntary acceptance in deference to time of its recital is valid, regardless of understanding the foundation of the his view, as sefiras ha-omer is unique anything that happens later to cast the Ramban’s position: why, after all is among time-bound mitzvos due to relevant mitzvah into doubt.12 said and done, should sefiras ha-omer the existence of a major authority who Further, there are those, such as Rav be classified as a non-time-bound believes it is incumbent upon women. Soloveitchik, who understood the mitzvah? Attempting to answer this question could yield insights about However, the Mishnah Berurah9 asserts discontinuation of a berachah when that the practice as he encounters it is a day is omitted in a fundamentally sefiras ha-omer, about mitzvos aseh or both. against the Magen Avraham, and that different way. In this understanding, shehazman gramman, women have no obligation in sefiras the berachah is discontinued not The bluntest approach to the Ramban ha-omer, voluntary or otherwise. In because the mitzvah is one unit, but is that of the Shut Divrei Malkiel addition, he asserts that the mitzvah rather because counting cannot exist (V, 65), who simply declares the should be differentiated from other without building on a continuous statement to be a typographical error, mitzvos shehzman gramman in the preceding process. If so, the berachah a taus sofer. However, even a sweeping other direction, in that women should is only problematic prospectively; theory such as that needs to provide not make a berachah, despite the there is no impact on any earlier day, an alternative for what the text should view of the Ashkenazic authorities to and thus no reason to hesitate starting have said, and thus we are given two allow such recitation. This view, which the count with a berachah, even if one possibilities: either it should have is attributed to thesefer Shulchan knew that it was likely or even definite been included among the exemptions, Shlomo, is explained by a concern that that a day will be missed down the rather than the obligations; or the the woman in question will “certainly line. text should have instead referred to omit [at least] one day.” R. Yisrael David Harfenes13 was not the bringing of the omer, which, as a sacrificial offering, presumably applies This appears to be a reference to the worried about the Mishneh Berurah’s to women as well.15 view of Rishonim, adopted by the concerns, suggesting that it is possible Shulchan Arukh,10 that one does not to set up a system of reminders to Others point to the majority view continue counting the omer with a mitigate the likelihood of forgetting among the Rishonim (against that of berachah if one misses a complete a day. Further, after noting the the Rambam) that sefiras ha-omer is a day. The implication is that sefiras possibilities mentioned above that Rabbinic mitzvah in the modern era, ha-omer is one integrated mitzvah of there is no such thing as a retroactive and that its original Torah mandate 49 counted days, and thus any omitted berachah levatalah, or that sefiras does not apply in the absence of the day invalidates the whole mitzvah, ha-omer itself does not pose this Beis HaMikdash. This fact may have rendering a berachah unjustified. issue, he observes that the Mishneh both specific and general reasons for If that is true of the days after the Berurah’s source, the Shulchan Shlomo, relevance. From a general perspective, omitted day, then it should also be is itself not actually concerned about a some Rishonim maintain that only true retroactively: all the earlier retroactive berachah levatalah. Rather, Torah mitzvos that are time-bound berachos were also unwarranted.11 examining that source in the original, exempt women; this exemption One who is obligated in the mitzvah it becomes clear that the fear was does not apply to Rabbinic mitzvos, has no choice but to assume this that the woman in question would even if they are time-bound.16 This risk. However, if one is not obligated, miss a day, and would then continue view is interesting, because one perhaps this is not an appropriate counting with a berachah, unaware would have expected the rabbis to candidate for volunteering, given the that it is against the accepted halachah. continue the Torah’s policy in this risk of multiple unjustified berachos. To this, R. Harfenes asserts, there is area, as they generally pattern their enactments after Torah law. To draw However, it is possible to take a an easy remedy: teach the halachah a distinction in this way is to suggest different view for a number of reasons. in its totality, so she can count in that the Torah did not exempt time- One possibility is the position of some confidence, and know what to do if a 14 bound obligations because of the authorities that there is no such thing day is indeed omitted. fact of being time-bound, but rather as a retroactive berachah le-vatalah; Aside from the question of exempted a small number of mitzvos any berachah that was justified at the practice, there remains the task of 15 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Pesach 5776 for other reasons, and they happen to did not simply continue the Torah exemption is due to the concern that be identifiable through the common obligation despite the lack of the Beis mitzvos that demand attention at a feature of being time-bound. HaMikdash; rather, they mandated certain time will detract from family A more specific relevance might counting as part of a different, broader responsibilities. If so, some suggest, obligation to remember the Beis a mitzvah such as sefiras ha-omer, be if the Rabbinic mitzvah is fundamentally different than the HaMikdash, a mitzvah that may not in which is performed quickly with a its totality be time dependent. simple verbal declaration, might be Torah mitzvah. Perhaps the rabbis Another avenue to pursue is the excluded from this category, or at possibility that sefiras ha-omer has the least be an appropriate candidate for voluntary performance.21 The wordtamim has multiple properties of a time-bound mitzvah, connotations.