Siman 16

It is taught in Menachot (40b): A garment with which a minor covers his head and most of his body, and an adult goes out in occasionally—is obligated in tzitzit. If the minor does not cover his head and most of his body with it, even though an adult goes out in it occasionally—it is exempt. See there. And certainly there is a measure for this minor, for it is not logical to say a minor of one or two years or slightly more. And indeed the Rambam wrote at the beginning of the third chapter: A minor who walks alone in the marketplace and does not need another to guard him. Thus far his words. And even this measure has not been clarified, for one cannot say that this is a minor who does not need his mother, who is approximately four or five years old as we say at the beginning of the eighth chapter of Eruvin, for if so, the Rambam should have used this language. Rather, it is certain that his intention is for one older than this. And the Tur wrote nine years old, see there. And perhaps this measure occurred to him because we find in the Shas (Yevamot 96b) that a nine-year-old is fit for cohabitation—behold, now he has entered somewhat into the category of adulthood. And the Nimukei Yosef wrote: A minor who is embarrassed to go outside without a garment, see there. And it appears to me that since the Tur specified the measure, and they did not specify—the law is established according to the Tur. And perhaps they also reason so, for if we came to estimate by their measures—we still would not know how much. (The Taz brings from "pe'utot," and it requires further study. And be precise and you will find it simple.)

And behold, the Rambam did not mention at all this condition that an adult goes out in it in a temporary manner, but rather that a minor covers his head and the majority of his body with it, see there. However, the Tur wrote the measurement of a garment to be obligated in tzitzit: any that a minor of nine years can cover his head and the majority of his body with it, and an adult is not ashamed of it to go out temporarily to the marketplace. But if the minor does not cover his head and the majority of his body with it, even though an adult goes out in it temporarily to the marketplace—it is exempt. Thus far his words. And many held that the Rambam and the Tur disagree: for the Rambam holds that the condition of a minor covering... is sufficient, and the Tur holds that both are required. And based on this, our teacher, the Rema, wrote regarding the words of our teacher, the Beit Yosef, which are like the wording of the Rambam. He wrote, and this is his wording: And specifically when an adult wears it occasionally in a temporary manner and goes out in it to the marketplace. Thus far his words. And they also scrutinized: why did the Tanna not teach the second case, if a minor covers himself and an adult does not go out in it in a temporary manner. And each one elaborated according to his way (see Beit Yosef, and Bach, and Derisha, and Taz, and Magen Avraham). And they also investigated what the law is when an adult goes out in it in a permanent manner and the minor does not cover himself with it, and they agreed that it is obligated in tzitzit (Bach and Magen Avraham and Eliyah Rabbah). And certainly it is so, for a garment that an adult goes out in permanently, why should it be exempt?

However, in my humble opinion, all this effort is in vain. For behold, it is certain that all laws apply to adults, as minors are not subject to the commandments. Therefore, the Rambam did not need to specify except for the matter of a minor which serves as a marker, and he did not need to mention an adult because ordinarily we are dealing with adults. And the Baraita means this: A tallit with which a minor covers his head and most of his body is obligated in tzitzit. And the matter is puzzling: For the Torah said "with which you cover yourself." And it was said to adults, and it is obvious that a garment with which a minor covers his head and most of his body would not suffice for adults, as it is not the way of an adult to go out in such a short garment, and one who goes out—his intention is nullified. And this is what the Baraita answers: And an adult goes out in it in a temporary manner, meaning: even though for permanent use it is certainly not fit, but occasionally he goes out in it, and the Torah obligated it even when he goes out in it in a temporary manner. And it was clear to the sages that anything with which a minor covers his head and most of his body is fit for an adult for temporary use. But according to this, perhaps they would say that for temporary use even less than this measure is fit; to this it says that if a minor does not cover his head and most of his body, even though an adult goes out in it temporarily—it is exempt. But the reverse cannot be said, for it is an impossibility that if only a minor covers his head and most of his body, there is temporary use for an adult. It turns out that the entire essence of the law depends on the minor, and therefore the Rambam did not mention more. And the Tur copied the wording of the Gemara and we shall explain it as in the Gemara. However, in any event, the Rambam and the Tur do not disagree at all. And also regarding what the great authorities investigated when an adult goes out in it permanently—they investigated an impossibility according to our words. And if one does so—his intention is nullified. (So it appears in my humble opinion. And it seems to me that this is the opinion of Rabbi Yitzchak Aboab that was brought in the Beit Yosef, except that he was very brief. And according to what I have written, everything they questioned regarding this is settled. And also what the Magen Avraham wrote in subsection 2, that if the adult is embarrassed he is exempt, see there—this is not so, for since the sages measured that with this measure an adult goes out temporarily, who shall disagree with this? And one who is embarrassed—his intention is nullified, and all the measures of the sages are so.)

Furthermore, the great authorities investigated and cried out against the custom of wearing very small tallitot katanim, attaching tzitzit to them, and walking with them in the public domain on Shabbat. They cried out like a crane and wrote that, at the very least, the length of the tallit should be an amah and a half—three-quarters of an amah in front of him and three-quarters behind him. And if we calculate according to the amot of the Shas, three-quarters of an amah would be nine vershoks according to the measurement of our country, Russia. According to their words, those who wear smaller than this do not fulfill the obligation of tzitzit. That is to say: this is like one who walks without a garment that is obligated in tzitzit. According to this, it is forbidden to go out in them on Shabbat, for the tzitzit are significant and are not nullified. Therefore, I wonder at the one who wrote that it is better to walk in it than to walk without tzitzit at all (Magen Avraham in the name of the Rema), for on Shabbat is it not like a burden? And they wrote to warn the masses not to do so (Taz and Bach, etc.). At the very least, there should be three-quarters of an amah in length on each side, and half an amah in width. And the shoulders should be wide, that is to say: since it is open in the middle, if they are not wide, it appears as if it is entirely open. (That which the Magen Avraham wrote, that the air from this side should not come...—it is obvious that this is not relevant here, and only regarding partitions and a place considered closed do we say this. Rather, his intention is as we have written, and so wrote the Machatzit HaShekel.)

In my humble opinion, this entire inquiry is for naught, and the world fulfills the mitzvah of tzitzit with the tallitot ketanim. For we have already explained at the beginning of siman 8 from the Nimukei Yosef and from the Ritva, that there are some among the Rishonim who said that tzitzit is only required for a garment that enwraps the head and most of the body. According to this, all of our tallitot ketanim would not be obligated in tzitzit. But their words were rejected, and from the Torah, any four-cornered garment that one wears on his body is obligated in tzitzit; see there. This is also the opinion of our teacher, the Beit Yosef, as I wrote there. And that which we require the enwrapping of most of the body—this is regarding the upper tallit, which is like the sudar in the time of the Gemara, as their manner of walking in it was well known. Therefore, we recite the blessing over them "to enwrap oneself in tzitzit." In this case, we require a minimum size because it is over the clothes. But a tallit katan that is under the clothes does not require a minimum size at all, for if it only has four corners, it is obligated in tzitzit. And so it is explicitly explained from the words of the Ritva and the Nimukei Yosef that we cited there in section 4; see there.