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    WOMEN AND MISHLO’ACH MANOS

    On Purim, we send
    gifts of food to friends,
    in fulfillment of the verse
    “U-mishlo’ach manos
    ish le-rei’ehu, and of
    sending portions a man
    to his fellow” (Esther
    9:22). Mishlo’ach
    manos is one of the
    mitzvos of Purim. We fulfill it by sending two
    different food items to one person, although
    it is common to send to many more people.
    How should families handle this obligation?
    Within a married couple, is each spouse
    required to give their own separate mishlo’ach
    manos? Before we address that question, we
    have to ask whether a woman is obligated at
    all. Mishlo’ach manos has become a mitzvah
    that women in particular embrace, yet there is
    a debate whether they are even obligated in it.
    I. Positive Time-Bound Mitzvos
    Rav Moshe Isserles (Rema, 16th cen.,
    Poland; Shulchan Aruch, Orach Chaim
    695:4) Mahari Brin who writes that women
    are obligated in mishlo’ach manos but does
    not explain why. Normally, women are
    exempt from time-bound positive mitzvos. I
    am not sure who Mahari Brin is. I doubt it is
    Rav Yisrael of Bruna (15th cen., Germany)
    because I did not find anything resembling
    this ruling in the responsa.
    Rav Ya’akov de Castro (16th cen., Egypt;

    Eirech Lechem, ad loc.) disagrees with Rema,
    pointing out that no major halachic authority
    prior to Rema followed this practice. Because
    he was misquoted by later authorities, I quote
    here his precise words: “It does not seem
    like that to me from the words of the Talmud
    and also none of the famous authorities did

    not practice this way (kol ha-posekim ha-
    mefursamim gam lo nahagu kein.” Rav

    Chizkiyahu de Silva (17th cen., Israel; Pri
    Chadash, ad loc.) proves that women are
    not obligated in mishlo’ach manos from the
    verse itself, which says that a man sends it to
    his fellow (“ish le-rei’ehu”). The verse could
    have used a term that is gender neutral but
    instead says “man” to imply that women are
    exempt from this mitzvah.
    II. Part of the Miracle
    Rav Ya’akov Reischer (18th cen., Germany;
    Responsa Shevus Ya’akov 1:41) responds to
    these criticisms to defend Rema’s view. He
    says that women are obligated in mishloa’ach
    manos for the same reason they are obligated
    to hear megillah — they were part of the
    miraculous salvation (Megillah 4a). Just like
    women are obligated in the four cups of the
    Pesach seder and Chanukah lights because
    they were part of the miracle (Pesachim
    108a; Shabbos 22a), so too they are obligated
    in reading megillah and performing the other
    mitzvos of Purim.
    About all of this, the Bible says “the Jews

    took on themselves to do” (Esther 9:23, 27).
    “The Jews” includes both men and women.
    If so, why does the verse specify a man? Rav
    Reischer compares it honoring your parents.
    The Torah says, “Ish imo ve-aviv tira’u, You
    shall fear every man his mother and father”
    (Lev. 19:3). The Gemara (Kiddushin 30b)
    explains that both a man and a woman are
    obligated to honor and fear their parents.
    However, the Torah specifies a man because
    usually a woman does not always have the
    ability do so. Sometimes she does not have the
    financial means to honor her parents because
    communal funds of the family typically are
    under the husband’s control. Here, too, argues
    Rav Reischer, a woman is not specified with
    regard to mishlo’ach manos because her
    husband controls the money but nevertheless,
    she is still obligated.
    III. Men and Women
    Rav Ya’akov Emden (She’eilas Ya’avetz
    1:120, 2:68:2) points out that the word ish
    does not necessarily exclude women. For
    example, regarding the preparation of the

    ashes of the red heifer, the Bible says “ve-
    asaf ish tahor, and a man that is clean shall

    gather [the ashes]” (Num. 19:9). The Gemara
    (Yoma 43a) learns from the word ish that
    even someone who is not a kohen can gather
    the ashes and from the word tahor that even
    a woman can do it. Very often we find the
    word ish understood as excluding a minor,
    i.e. requiring an adult, whether male or
    female.
    Additionally, the verse says not just that
    the Jews accepted Purim on themselves
    but also on their descendants (zaram,
    literally their seed). This includes all
    descendants, male and female. With this,
    Rav Reischer and Rav Emden defend
    Rema’s ruling that women are obligated
    in mishlo’ach manos against the criticisms
    of Rav de Castro (Maharikash) and Rav de
    Silva (Pri Chadash).
    IV. Women’s Ability to Give
    Rav Chaim Yosef David Azulai (Chida,
    18th cen., Israel; Birkei Yosef, Orach
    Chaim 695:8) responds on behalf of Rav
    Castro and Rav de Silva. When it says that
    “the Jews” accepted on themselves the day
    of Purim, Chida says that this only refers
    to observing the day as a holiday. We can
    see this from the fact that the Gemara
    had to learn that women are obligated to
    hear the megillah from the fact that they
    were part of the miracle. Why doesn’t the
    Gemara just say that women are part of
    “the Jews” who accepted the mitzvah?
    When it says that the Torah specifies
    a man regarding honoring and fearing
    parents because a woman is not always
    able to do so, the Gemara is not referring
    to control of money. Tosafos (Kiddushin
    30b s.v. she-yeish) explain that a woman
    lives with her husband and might not be
    anywhere near her parents. Tosafos say
    that the rule about communal money
    being under the husband’s control (as the

    default in a marriage unless they arrange to
    the contrary) is a rabbinic decree to prevent
    marital strife and could not be the reason for a
    biblical law. Similar, argues Chida, the usage
    of the word ish in the book of Esther could not
    have been due to the rabbinic decree unless
    you assume that the rabbinic decree predates
    Mordechai, which is a big assumption.
    However, Rav Moshe Sofer (19th cen.,
    Hungary; Responsa Chasam Sofer, Orach
    Chaim, no. 196) explains that a husband
    is biblically obligated to provide food for
    his wife (see Ramban, Ex. 21:9). A woman
    may not have food to give away because
    she is supported regarding food by her
    husband. Therefore, the verse says ish about
    mishlo’ach manos. However, really a woman
    is obligated in the mitzvah, as explained by
    Rav Reischer above.
    V. Conclusion
    It would seem from the above that
    Ashkenazim hold that women are obligated
    to give mishloa’ach manos, following the
    Rema and all his Ashkenazim defenders.
    Likewise, Sephardim hold that women are
    exempt from the mitzvah, following the
    Sephardic sages Maharikash, Pri Chadash
    and Chida. However, the Vilna Gaon (18th
    cen., Lithuania; Commentary to Shulchan
    Aruch, ad loc.) rules like Pri Chadash that
    women are exempt. Rav Ovadiah Yosef (21st
    cen., Israel; Chazon Ovadiah, Purim, Dinei
    Mishlo’ach Manos, par. 14) rules like Rema
    and in a footnote defends at length the view
    that women are obligated to give mishloa’ach
    manos. Exactly how women should give,
    whether giving together with their husband
    suffices, requires more discussion that I hope
    to address in the near future.