Women Plowing during Shemitah

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The Gemora in Moed Katan presents a dispute between Rabbi Yochanan and Rabbi Elozar whether one would incur the thirty-nine lashes if he would plow during Shemitah.

Rashi (2b) states that there is a positive commandment which forbids plowing on Shemitah. It is written [Shmos 34:21]: From plowing and harvesting you shall desist. The point of contention between the two Amoraim is if there is a negative commandment as well.

The Rambam in Hilchos Shemitah rules that one who plows during Shemitah does not incur the thirty-nine lashes. Kesef Mishna explains: Since in our Gemora, it was left ambiguously regarding which Amora held what, we cannot administer the lashes when there is uncertainty.

Sha’ar Hamelech in the beginning of Hilchos Shemitah writes that the Yerushalmi in Shabbos (7:2) states that Rabbi Yochanan is the one who maintains that he does not receive the lashes and the rule is that when Rabbi Yochanan and Rabbi Elozar argue, the halacha is in accordance with Rabbi Yochanan.

Minchas Chinuch (112) comments that women are obligated in this mitzvah even though it is a positive commandment that has a time element to it and the principle is that women are exempt from any positive mitzvah which is governed by time. He explains that this is applicable only regarding a positive mitzvah that is incumbent on the body of the person and not a mitzvah like Shemitah, which is a mitzvah that is dependent on the land (mitzvos hateluyos ba’aretz).

Proof to this is cited from the Ritva in Kiddushin (29a). The Gemora rules based on a Scriptural verse that women are not obligated to perform a circumcision on their sons. Tosfos asks: Why is a verse necessary; circumcision is a positive mitzvah which is governed by time since the mitzvah can only be performed by day, and women are exempt? The Ritva answers: Any mitzvah which is not related to the person themselves; this principle does not apply. The mitzvah of milah is to perform the circumcision on the son and therefore women would be obligated if not for the special verse teaching us otherwise.

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Freeing a Half-Slave

The Mishna (Daf Yomi: Gittin 41a) had stated: Someone who is half-slave and half-free man (he was owned by two partners, and one of them emancipated him), he works for his master one day and for himself one day; these are the words of Beis Hillel. Beis Shamai, however, says: You have created a solution for the master (for he does not lose out through this division), but you have not solved anything for the slave. He may not marry a slavewoman, for he is half-free. He cannot marry a free woman for he is half-slave. If you will say that such a person should refrain from marrying, that cannot be, for the world was created for the purpose of propagation, as it is written: He did not create it to be desolate; He formed it to be inhabited. Rather, to benefit the public (this slave), we force his master to make him a free man, and the slave writes a document for his value. Beis Hillel later retracted and ruled in accordance with Beis Shamai.

The commentators ask: How can we force the master to free the slave? Isn’t there a prohibition against emancipating a slave?

The Kli Chemdah answers this question based upon the Avudraham, who says that a woman is exempt from mitzvos which have a time element to them, because she is pledged to her husband at these times. So too, it can be said with respect to a half-slave half-free man. Since he is partially a free man, he is obligated to observe all the mitzvos. Therefore, at the times where he is responsible to serve his master, he cannot do so completely, for he is obligated in mitzvos. Consequently, the master will anyway not be able to fulfill the mitzvah of working the slave forever; therefore, there is no prohibition against freeing him.

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Women and Shemitah

The Chinuch states that there is a positive commandment which forbids plowing on Shemitah. It is written [Shmos 34:21]: From plowing and harvesting you shall desist.

The Minchas Chinuch (112) asks that if so, women should be exempt from this mitzvah, and they should be permitted to plow on shemitah because it is a positive commandment that has a time element to it and the principle is that women are exempt from any positive mitzvah which is governed by time?

He answers that women are obligated in this mitzvah because that rule is applicable only regarding a positive mitzvah that is incumbent on the body of the person and not a mitzvah like shemitah, which is a mitzvah that is dependent on the land (mitzvos hateluyos ba’aretz). This can be better understood based upon our Gemora which says that the shemitah prohibition is on account of the ground.

Proof to this distinction is cited from the Ritva in Kiddushin (29a). The Gemora rules, based on a Scriptural verse that women are not obligated to perform a circumcision on their sons. Tosfos asks: Why is a verse necessary; circumcision is a positive mitzvah which is governed by time since the mitzvah can only be performed by day, and women are exempt? The Ritva answers: Any mitzvah which is not related to the person themselves; this principle does not apply. The mitzvah of milah is to perform the circumcision on the son and therefore women would be obligated if not for the special verse teaching us otherwise.

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