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A certain word was taught by one beraisa to exclude women from the laws of sukkah, while a different beraisa uses the same word to include women in the laws of Yom Kippur. The gemara explains that actually the law is a halacha l’Moshe misinai and the possuk is only an asmachta.

Summary

Question: Which law is derived from the possuk and which from the existing halacha?

Additional Challenge: Neither a possuk nor a halacha is necessary. We know that woman are excluded from sukkah because it is a time-bound mitzvah which women are exempt from. And we know that women are included in the laws of Yom Kippur from teaching of Rabbi Yehuda quoting Rav:

Rabbi Yehuda quoting Rav, and it was also taught in Rabbi Yishmael’s Beis Medrash: When the possuk states “A man or woman” they’re equally included in all punishments of the Torah, which means that all restrictions of the Torah [including Yom Kippur] apply equally.

Abayye: Sukkah is the one derived from Halacha L’Moshe MiSinai. Since there is a principle of teishvu k’ein taduru (21.2) we would think that women are included in sukkah just as they live with their husbands in their homes.

Rava: [Another reason the halacha is necessary regarding sukkah]. One might think that the teaching of “The Fifteenth” (22.3) would include women in all laws of sukkah.

Question: Since the possuk of “All the citizens” is not necessary for excluding women from the laws of sukkah, what does it teach?

Response: Geirim are included in the laws of sukkah. Citizens would exclude Geirim, “All the citizens” includes Geirim as well.

Question: Why is a possuk necessary to teach us that women are included in the laws of Yom Kippur, since it can be derived from the teaching of Rabbi Yehuda quoting Rav?

Response: The possuk is still necessary to teach that the law of “Tosfos Yom Hakippurim” applies to women as well even though it is not included in the punishment.

Challenge: The beraisa (23.4) teaches that children are obligated in sukkah, but the mishna (23.4) teaches that they’re exempt?

Resolution: The beraisa is referring to children who are chinuch -aged [and thus have a rabbinic obligation to sit in the sukkah].

Challenge: But the beraisa derives this from a possuk, how can it be referring to a rabbinic obligation?

Resolution: Indeed. The possuk is merely an asmachta. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate