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Why doesn't the Rambam (רמב"ם) explicitly state that women are exempt from milah? The shiur develops a fundamental distinction: mitzvos asei she'hazman grama are opportunities that lapse, while milah creates permanent achrayus (responsibility). This yesod explains why milah is the most chamur mitzvah (מצוה), why women are exempt from time-bound mitzvos but obligated in ongoing responsibilities, and the mechanics of how a father's and beis din's obligation differs from the child's own obligation.
The Gemara (גמרא) in Kiddushin 29a establishes that women are exempt from milah, requiring a specific pasuk despite milah being a time-bound mitzvah (מצוה) (she'hazman grama). Tosafos (תוספות) raises a difficulty: if milah is considered a time-bound mitzvah, why is a pasuk needed to exempt women? Tosafos answers that milah might have been considered shelo hazman grama because milah she-lo bizmanah (circumcision not on the eighth day) applies day and night without interruption. The shiur addresses two fundamental questions: First, why does the Rambam (רמב"ם) omit any explicit mention that women are exempt from milah, when the Tur states this clearly? Second, what is the deeper conceptual framework that explains the nature of milah and its uniqueness among mitzvos? Rabbi Zweig builds his answer on a careful analysis of the Rambam in Hilchos Milah (Perek 1, Halacha (הלכה) 2), where the Rambam declares milah the most chamur (stringent) of all mitzvos. The Rambam writes that if a father fails to circumcise his son on the eighth day, he transgresses a great and severe mitzvah, and "lo yitachen lo le'olam l'shalem zos ha'mitzvah"—he will never be able to complete this mitzvah. This appears paradoxical: unlike Sukkos (סוכות) or Pesach (פסח) where the time passes and the mitzvah can never be fulfilled, milah can be performed later. How then is it more chamur? The Rambam explains that precisely because milah she-lo bizmanah remains an obligation, the severity is greater—the responsibility never ends.
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Kiddushin 29a
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