Tefillin I: Exemption תפילין (א): פטור

It shall be for a sign for you on your hand and for a remembrance between your eyes in order that God’s Torah be in your mouth because God took you out from Egypt with a strong hand.

You shall keep this ordinance in its appointed time from year to year.

It shall be for a sign on your hand and for totafot between your eyes because God took us out from Egypt with a strong hand.

You shall bind them for a sign on your hand and they shall be for totafot between your eyes.

You shall place these words of Mine on your hearts and on your souls and bind them for a sign on your hand and they shall be totafot between your eyes.

Women and bondsmen and minors—are exempt from recitation of Shema and from tefillin...

What is a positive time-bound commandment? Such as sukka and lulav and tefillin.

For it is taught in a baraita, Rabbi Akiva says: Is it possible that a person would lay tefillin on Shabbatot and festival days? The verse teaches us, “It shall be for you a sign on your hand and totafot between your eyes.” [The obligation applies to] whoever needs a sign. Shabbatot and festival days are excluded [from that category], for they are themselves a sign.

Whence do we know [that women are exempt from positive time-bound mitzvot]? Learn from tefillin: just as women are exempt from tefillin, so too women are exempt from all positive time-bound commandments. And learn tefillin from Talmud Torah: just as women are exempt from Talmud Torah, so too women are exempt from tefillin. Let’s compare tefillin to mezuza [in which women are obligated]! Tefillin is juxtaposed with Talmud Torah, both in the first and second portion [of Shema—Devarim 6:7-8 and 11:18-19]; tefillin is not juxtaposed with mezuza in the second portion [of Shema—Devarim 11:19 comes between them].

Women and bondsmen are exempt from tefillin because it is a positive time-bound commandment.

As is taught [in a baraita]: Michal the daughter of Kushi [Shaul] would lay tefillin and the sages did not protest. And the wife of Yona [the prophet] would make a festive pilgrimage [to Jerusalem] and the sages did not protest…We can derive from their non-protest that…He thinks that [pilgrimage] was voluntary [performance of a positive time-bound mitzva], here too [Michal’s wearing tefillin] is voluntary [performance of a positive time-bound mitzva].

Behold, Michal, the daughter of Shaul, would wear tefillin, and the wife of Yona would make a festive pilgrimage, and the sages did not protest them. Rabbi Chizkiya in the name of Rabbi Abahu [said]: The wife of Yona turned back; Michal, the daughter of Shaul, the sages protested against her.

This mitzva applies in all places and at all times, among males but not among females, since it is a positive time-bound commandment. Still if they [females] want to lay tefillin we do not protest and they have a reward, but not like the man’s reward, for the reward of one who is commanded and performs is not like the reward of one who is not commanded and performs. In Tractate Eiruvin, in the beginning of chapter “He who finds tefillin,” [the sages] of blessed memory said that Michal daughter of Kushi [Shaul] would lay tefillin and the sages did not protest.