Tying Tzitzit on a Woman’s Garment
Question
Answer
Shalom u’vrachah
If a woman’s garment is inherently exempt from tzitzit, then it is indeed a case of ta’aseh velo min ha’asui. However, if it is exempt only when the woman wears it, but if a man wears it he is obligated, then there is no issue here of ta’aseh velo min ha’asui.
Seemingly, this question depends on the dispute between the Rosh and the Rambam regarding a night garment worn during the day — whether it is obligated in tzitzit or not. They disagree as to whether it is exempt in the body of the garment due to its designation, or whether it depends on the actual circumstance of when it is worn.
If so, the same would apply here: one can debate whether a woman’s garment is exempt because she is exempt, or whether, due to the garment’s designation, it has a general exemption.
However, the Pri Megadim cites that the Chemed Moshe was uncertain whether a man who wears a woman’s garment that has four corners is obligated in tzitzit. The Pri Megadim brings that from the wording of the Sifrei it is clear that the garment itself is exempt. If so, this would have the status of ta’aseh velo min ha’asui.
Source
Pri Megadim, Orach Chaim, Eshel Avraham, Siman 18, se’if katan 3:
In the Sefer Chemed Moshe [here], he is uncertain regarding a garment designated for a woman: if a man wraps himself in it, may he do so without tzitzit? He cites the words of Tosafot [mentioned above] in Menachot 41 [in the name of] the Sifrei [Bamidbar, beginning of piska 115]: אמר ר' יהודה בן בבא ביחוד בטלו חכמים כסות אשה מציצית ולא חייבו אלא מפני שבעלה מתכסה בו — “Rabbi Yehudah ben Bava said: Specifically, the Sages exempted a woman’s garment from tzitzit, and they obligated it only because her husband covers himself with it.” See there.
