From Parsha to Halakha Pinchas: Are women obligated in Mussaf?

Within the realm of women’s religious practice, it seems like there is no subject with more divergent opinions, traditions, and practices than prayer. Many women suffice with praying Birkhot HaShachar (the morning blessings), especially if they have young children, while others meticulously pray the three daily prayers, perhaps with a minyan.

A woman who only prays Birkhot HaShachar on a regular basis may have difficulty understanding how Mussaf is even a question. So before we attempt to answer this question we must briefly cover the basic disputes regarding women’s general obligation to pray.

The basics

The mishna in Berakhot teaches that women are obligated in tefilla (which means both prayer and also the specific amidah prayer).^[1] The gemara questions why women are obligated. Some versions indicate the question is based on the assumption that prayer is a mitzvat aseh shehazman grama, a positive time-bound mitzvah, and women are generally exempt from mitzvot within this category.^[2] The gemara answers that tefilla is rakhmei, mercy, and since women also need Divine mercy they are obligated in tefilla.

Consequently, there is halakhic consensus that women are obligated to pray daily, but there are several divergent opinions about the basis of the obligation and what it means practically.

Rambam teaches that the Torah commands us to pray every day. At its core prayer is beseechment, and should be made up of shevakh (praise), bakasha (requests), and hoda’a (gratitude). Since the Torah mitzvah can be done at any time throughout the day it is not considered a mitzvat aseh she’hazman grama, which means women are obligated.^[3] The sages ordered the practice of the mitzvah – when and what to pray – but these rabbinic elements are another layer established on the basis of the preexisting Torah mitzvah.

Since Rambam only states that women are obligated, and does not differentiate between women and men, it’s possible that he thinks women are obligated in both the Torah and rabbinic aspects of prayer. Nevertheless, Magen Avraham suggests that Rambam’s opinion might be the basis of the widespread, established practice of women to fulfill their obligation with one tefilla a day – Birkhot HaShachar, Amidah, Birkat HaMazaon, or the like.^[4] Many Sephardic halakhic authorities rule accordingly.^[5] According to this opinion, women are not obligated in the Mussaf prayer, since they are not obligated in the rabbinically mandated aspects of the mitzvah of prayer.

Ramban, on the other hand, maintains that there is no Torah mitzvah to pray daily, and all aspects of daily, obligatory prayer are rabbinic – the frequency, times, and prayers themselves.^[6] Based on this approach many halakhic authorities explain that the mishna includes women in all aspects of the rabbinic mitzvah of tefilla – the times and frequency.

Within this approach there is some debate as to whether women are only obligated in the two prayers of Shacharit and Mincha, or also in Maariv, depending on the meaning of the statement “tefillat Arvit reshut” – Maariv is voluntary.^[7]

The status of Mussaf

What do the halakhic authorities who maintain women are obligated in all the rabbinically mandated daily prayers say about mussaf?

The mishna states that the sages enacted four prayers: Shacharit, Mincha, and Ma’ariv every day, and Mussaf on festivals.^[8] The gemara cites a dispute about the basis of these prayers – were they instituted based on the forefathers or the Temple offerings?^[9] The gemara concludes that even if those who maintain the prayers are based on the forefathers agree that the times of the prayers are based on the Temple offerings. Within this framework Mussaf is unique, as it is exclusively based on the Mussaf offering and has no counterpart forefather.

Some halakhic authorities explain that the three daily prayers are still, at their core, prayers for mercy, even if they were enacted based on the Temple offerings.^[10] Is this also the case for Mussaf? If the basis is only the sacrifice, perhaps Mussaf is not a request for mercy; if so – are women obligated?

Mussaf is unique

Indeed, Tosafot explain that Mussaf is unique and subject to different rules.^[11] In a discussion about making-up a prayer (tashlumin) one accidentally missed, they explain that tashlumin are generally permitted because prayers are for mercy, and even if the time for the prayer and corresponding offering has passed, it is still appropriate to pray for mercy. They add that this is not the case with Mussaf, as it is inexorably tied to the Mussaf offering of a certain day at certain times, and is not considered a rachmei.

Based on this Tosafot, some later halakhic authorities teach that women are not obligated in the Mussaf prayer; it is not rakhmei, and since it is a positive time-bound mitzvah women are exempt.^[12] It’s possible that this refers to the Mussaf prayers of the pilgrimage festivals, but it may not be true of the Mussaf prayers on Rosh HaShana and Yom Kippur, or the Neila prayer. Since these prayers are clearly requests for mercy they are obligatory for women.^[13]

Yet another opinion teaches that women are exempt from the Mussaf prayer because they are exempt from the half-shekel donation that paid for the communal offerings.^[14]

Women are obligated in Mussaf

Other halakhic authorities maintain that women are obligated to pray Mussaf. Some turn the previous argument around – even though women are exempt from the half-shekel donation, they are obviously still a part of the communal offerings that atone for all Jews.^[15] No one raises the possibility that an adult Jew who is not obligated to give the half-shekel – such as men younger than twenty and, according to some opinions, Levites and Priests – are not obligated in Mussaf and can’t lead communal prayers and fulfill the obligation of others. Therefore, there’s no reason to assume only people who are obligated to give the half-shekel are obligated to pray Mussaf.^[16]

Other halakhic authorities continue with Rambam’s rationale; Mussaf was established “based on” the Mussaf offering, not “in place of.”^[17] Mussaf is also, at its core, a prayer for mercy. Furthermore, the prayer was not enacted to replace the Mussaf offering, but rather to fulfill the mitzvah of zechira (remembering, commemorating) Shabbat and festivals.^[18] Ergo, as women are obligated in the mitzvah of zechira they are also obligated in the Mussaf prayer.

Mussaf within the framework of prayer

We’ve identified three basic approaches:

1. Women are intrinsically obligated in one prayer for mercy a day. This can be minimal and is not connected to the rabbinically established prayers. Since there is value in surrounding the request for mercy with praise and gratitude, and praying using the prayers established by the Men of the Great Assembly, women are advised to use one of the prayers they composed.
2. Women are obligated in the standard daily prayers instituted by the sages – Shacharit and Mincha, and perhaps Ma’ariv. Even though the halakhot of these prayers were established based on the daily offerings, at their core they are requests for mercy. But since Mussaf is not part of this system and is not rachmei, women are exempt as is standard for positive time-bound mitzvot.
3. Women are obligated to pray Mussaf, just as they are obligated in all rabbinically instituted prayers (or at least the non-voluntary ones).^[19] Some add that this obligation can be fulfilled through attending communal prayers.^[20]

Conclusion

When a woman has limited time (she’at he’dekhak), she can rely on the lenient opinions that exempt women from the rabbinically structured daily prayers. Yet it seems that women who maintain that both men and women are obligated in the rabbinically mandated daily prayers (even those who claim women are not required to say Maariv) should also pray Mussaf. There are many possible reasons for this position – whether it’s because she is obligated in the rabbinically ordered prayers Mussaf is a part of, or that she should be a part of prayers for atonement and mercy, or because she is required to remember the Shabbat and festivals.

 

^[1] Mishna Berakhot 3:3

^[2] TB Berakhot 20b, Rashi and Tosafor ad loc, Rabbeinu Yona on Rif 11b.

^[3] Mishneh Torah Hilkhot Tefilla v’Nesiyat Kapaim 1:1-2; Shulchan Arukh OC 106b.

^[4] ibid 2.

^[5] See: Yechaveh Da’at III 7. Rav Ovadia rules that tefilla is the amidah, and that it’s preferable to daven Shacharit, but if a woman doesn’t have time she should say Mincha, in addition to Birkhot HaShachar. Others say it’s sufficient to daven Birkhot HaShachar or Birkat HaMazon, or other similar berakhot that include shevakh, bakasha (rakhmei), and hoda’a. Rav Ovadia adds that a woman who prays three times a day will be blessed, and that this is how a woman should act when she has the time.

^[6] Hasagot HaRamban al Sefer HaMitzvot, Mitzvat Aseh 5.

^[7] Magen Avraham ibid; Mishneh Berura 106b; Pininei Halakha Tefillat Nashim Chapter 2.

^[8] The mishna states that “The arvit prayer is not keva (permanent/established),” and the gemara states that “the Arvit prayer is reshut (voluntary).”

^[9] TB Berakhot 26b. Compare to TY Berakhot 4:1.

^[10] The Tamid was offered twice a day, in the morning and afternoon. There is no Tamid at night, but they would burn chelev (fats) or limbs that remained from the day’s offerings. Accordingly, Arvit is voluntary because there is no correlating offering.

^[11] TB Berakhot 26a “ibaya l’hu ta’a v’lo hitpalel”

^[12] See Tzelakh Berakhot 26a; Yalkut Yosef Kitzur Shulchan Arukh OC 286:6.

^[13] Yalkut Yosef ibid.

^[14] Responsa Rabbi Akiva Eiger Mahadura Kama 9 (who brings the similar opinion from Besamim Rosh).

^[15] See Amudei Ohr 7

^[16] Torah Temima Shemot 30:22; Responsa Be’er Yitzchak OC 20. Kehillot Yaakov Zevakhim 4 disagrees.

^[17] Mishneh Torah Hilkhot Tefilla 1:5

^[18] Mishna Yaavetz Hilkhot Rosh Chodesh 4; Responsa Sho’ell u’Meishiv Mahadura Tanya 2:55.

^[19] Responsa Be’er Yitzchak OC 20.

^[20] Yalkut Yosef Kitzur Shulchan Arukh OC 286