Kiddushin, Daf Lammed Daled, Part 2

 

Introduction

The Talmud notes that the rules in the mishnah concerning when women are obligated and when they are exempt have many exceptions.

 

וכללא הוא הרי מצה שמחה הקהל דמצות עשה שהזמן גרמא ונשים חייבות

ותו והרי תלמוד תורה פריה ורביה ופדיון הבן דלאו מצות עשה שהזמן גרמא הוא ונשים פטורות

 

Now, is this a general rule? But matzah, rejoicing [on Festivals], and assembling [in Jerusalem at the end of the Sabbatical year] are positive commandments with a set time, and yet women are obligated.

Furthermore, study of the Torah, procreation, and the redemption of the son, are not positive commandments with a set time, and yet women are exempt?

 

There are many positive time-bound commandments in which women are obligated and there are positive non-time bound commandments that they are exempt from. So how can the Mishnah propose a general rule?

 

אמר רבי יוחנן אין למדין מן הכללות ואפילו במקום שנאמר בו חוץ דתנן בכל מערבין ומשתתפין חוץ מן המים ומלח

ותו ליכא והאיכא כמהין ופטריות אלא אין למדין מן הכללות ואפילו במקום שנאמר בו חוץ:

 

R. Yohanan said: We cannot learn from general principles, even where exceptions are stated. For we learned: Every [food item] can be used to make an eruv or a shittuf, except water and salt.

And are there no other [exceptions]: Isn t there mushrooms!

Rather [we must answer that] we cannot learn from general principles, even where exceptions are stated.

 

R. Yohanan says that we simply do not learn from general rules, even if the rule cites a particular exception. He proves this from the case of food used to make an eruv (a common meal that transforms a courtyard into the domain of one person) or a shittuf (the same thing but with an alleyway). The mishnah states that any food product can be used except water or salt because these are not really foods. However, there is another exception mushrooms, which also are not considered a food, assumedly because they don t really have any true substance to them.

So what then is the point of a general rule? It seems like these are rules of thumb. They are there because they are generally true, and they help one remember the rule. But they are not strong enough to derive from them any halakhah. Knowing that women are exempt from positive time bound commandments helps one remember what they are obligated in and what they are not. But one cannot derive from here any halakhah.