Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour

Are Women Required to Recite Birkot Ha’Torah?


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The Gemara in Masechet Sota (21) clearly indicates that women are not included in the Misva of Torah study. As such, we would naturally assume that they are not required to recite Birkot Torah – the daily series of blessings over Torah learning. However, the Maharil (Rav Yaakob Moelin, Germany, 1365-1427) writes that women are, in fact, required to recite these blessings, for three reasons. First, although women are not obligated to learn Torah She'be'al Peh (the oral Halachic tradition), they are obligated to learn Torah She'bi'chtab (the written Torah), and, indeed, women have for generations learned the weekly Torah portion. Therefore, they are included in the general obligation of Torah study, and must therefore recite Birkot Ha'Torah just like men. Secondly, women must pray each day, and our prayer service includes numerous sections from the Tanach and other Torah sources. For this reason, too, they are included in the Misva of Torah study. Finally, the Maharal writes, women are obligated to study the Halachot that apply to them – such as the laws of Shabbat, Kashrut, Taharat Ha'mishpaha (family purity), among others. Hence, they are included in the Misva of Torah learning and thus required to recite Birkot Ha'Torah each morning. By contrast, the Bet Ha'levi (Rav Yosef Dov Soloveitchik of Brisk, 1820-1892) writes that although woman need, as a practical matter, to study certain parts of Torah, they are not included in the Misva of Torah learning, and so they are not required to recite Birkot Ha'Torah. He adds, however, that a woman who nevertheless wishes to recite Birkot Ha'Torah may do so, in accordance with the view of Rabbenu Tam (France, 1100-1171), that women recite Berachot over Misvot which they voluntarily perform. For example, if a woman wishes to fulfill the Misva of Arba Minim (the four species) on Sukkot, even though she is not obligated to, then, in the view of Rabbenu Tam, she recites the Beracha over this Misva. By the same token, the Bet Ha'levi writes, a woman who wishes to recite Birkot Ha'Torah over the Misva of Torah learning may do so. Importantly, though, we Sepharadim do not follow this ruling of Rabbenu Tam. Sephardic tradition accepts the ruling of the Rambam that a woman may not recite the Beracha over a Misva from which she is exempt but chooses to perform. Therefore, according to the Bet Ha'levi's rationale, Sephardic women should not recite Birkot Ha'Torah. Regardless, numerous Poskim, including the Hida (Rav Haim Yosef David Azulai, 1724-1806), accept the Maharil's position, which, as mentioned, is firmly grounded in several compelling arguments. This is, indeed, the view codified by the Shulhan Aruch (Orah Haim 47), who writes, "Women recite Birkot Ha'Torah." Hacham Ben Sion Abba Shaul (Jerusalem, 1924-1998) understood the Shulhan Aruch to mean that women may recite Birkot Ha'Torah if they so desire, but not that they are required to recite these Berachot. Several other Poskim, however, maintained that women are obligated to recite Birkot Ha'Torah, and this is the ruling of Hacham Ovadia Yosef. The Peri Hadash (Rav Hizkiya Da Silva, 1659-1698) writes that even if we assume that women are obligated to recite Birkot Ha'Torah, their obligation is not necessarily the same as the men's obligation. According to the Ramban, Birkot Ha'Torah constitutes a Biblical obligation, which the Toah itself requires. The Peri Megadim asserts that even if women are obligated to recite Birkot Ha'Torah, their obligation is Mi'de'rabbanan – established by the Sages – and is not mandated from the Torah. This point becomes practically relevant in a situation of a woman who cannot remember whether she recited Birkot Ha'Torah. When a man does not remember if he had recited the blessings, he should either find someone had not yet recited them and listen to his recitation, or have in mind to fulfill his obligation through the recitation of Ahabat Olam before Shema (which, as we have seen, can function as Birkot Ha'Torah when necessary). In the case of a woman, however, she may be lenient, since she is obligated only Mi'de'rabbanan. Moreover, because a woman's obligation is only Mi'de'rabbanan, a woman should not recite the Beracha on behalf of a man. If, for example, a man feels unwell, and wants to listen to someone else's recitation of Birkot Ha'Torah instead of reciting the blessings himself, he should find a man to recite the Berachot for him, instead of fulfilling the obligation by listening to his wife's recitation. Summary: According to the accepted Halacha, women are required to recite Birkot Ha'Torah each morning. However, as their obligation might be on a lower level than that of men, a man should not fulfill his requirement by listening to a woman recite Birkot Ha'Torah.
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Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. MansourBy Rabbi Eli J. Mansour

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