Limud Torah

with Rav Chaim

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WOMEN'S EXEMPTION

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Women are exempt from performing Mila on her son. This is learnt from the Pasuk that commanded "him" which infers not "her". We already brought Tosfos that asks why do you need a Pasuk, women are anyhow exempt from a Mitzvas Asei SheHazman Grama? Tosfos in Kiddushin answers that it's need for R' Elazar b. Shimon that holds, that after the eighth day, Mila can be performed at night. So from that day on the obligation is continuos.
 
Tosfos in Megila answers that I would think Mila's the exception, since there is a Chiyuv Kareis and there were 13 treaties made on account of it, so the Pasuk tells us that they're still not obligated.
 
Ritva answers, since the Mila is not on her, but on her son, so it's the son's Mitzva, so she might be obligated on account of her son, the Pasuk tells us that it's not so.
 
The Minchas Chinuch says the Nafka Mina between these answers is if a woman is obligated to do a Mila for her Eved. According to Tosfos, the Pasuk is only needed for R' Elazar b. Shimon, but we don't Paskin like him. We Paskin like the Rabanan that Mila always cannot be preformed at night. Therefore Mila is a Mitzvas Asei SheHazman Grama and women are exempt in all cases, even by Eved. But according to the Ritva, where without a Pasuk we would obligate the woman, since the Mitzva is done on a male, so only by a son you have a Pasuk to exclude her. Her Eved, where there is no special Pasuk, then she's obligated to have a Mila done on him.
 

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