Translation:Mishnah/Seder Zeraim/Tractate Berakhot/Chapter 3/3

Introduction

Having just discussed why individuals who are mourning or who are involved in the procedure of a funeral may be exempt, the Mishnah now discusses other individuals who are exempt.

Hebrew Text

נָשִׁים וַעֲבָדִים וּקְטַנִּים –

פְּטוּרִין מִקְּרִיאַת שְׁמַע וּמִן הַתְּפִלִּין,

וְחַיָּבִין בַּתְּפִלָּה, וּבַמְּזוּזָה, וּבְבִרְכַּת הַמָּזוֹן.

English Translation

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Women, non-Jewish slaves and minors –

are exempt from reciting the Shema and from tefillin,

But they are obligated to recite the Amidah, to affix a mezuzah and to recite Birkat Hamazon.

Explanation

Slaves: Canaanite slaves who had undergone the pseudo-conversion procedure that was required of them were treated as Jewish women for the purposes of Jewish law, even if they were male.

Minors: Normally, a 'minor' refers to a boy who has not yet reached the age of bar mitzvah (13 years old). In this case, as the Shema is the first thing Jews should be taught how to say, though, the meaning of 'minor' is more vague. Thus, in this context, minor refers to a boy who does not yet know how to say the Shema properly. A boy who knows how to say the Shema properly and understands the significance of the mitzvah is thus obligated to do so.

Exempt: In Kiddushin 29a, the Gemara explains that women are exempt from positive commandments for which there is a Biblically-established time in which they must be performed. (Such as the Shema.) Some commandments, however, while lacking a Biblically-established time for fulfillment may have a Rabbinically-established time (such as the Amidah) and women are thus obligated to fulfill those.

There is one exception to this rule, discussesd in Berakhot 20b of the Gemara, specifically the recital of Kiddush on Shabbat. In this case, as 'guarding the sabbath' (Devarim 5:12) is a negative version of the commandment to 'remember the sabbath' (Shemot 20:8), that is, to say Kiddush. As women are expected to follow all negative commandments, regardless of whether or not they have a specified time, they are thus obligated to say Kiddush regardless of their exemption from other positive commandments related to a particular point in time.