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The Laws of a Mechitza – Having a Divider between men and women:[1]
In this article we will discuss the Halachic sources behind the Mechitza requirement, in the Talmud and Poskim, and discuss the events in which a Mechitza is required. Likewise, we will clarify the definition of a valid Mechitza, its required height, and material.
A. Introduction:
An architectural feature of any respectable Orthodox synagogue is the womens section, otherwise known as the Ezras Nashim. The purpose of the women section is to divide between the sanctuary where the men gather to pray, and the area designated for women. Some synagogues feature a full upper deck women balcony which oversees the main sanctuary where the men gather to pray. Other synagogues feature a ground level women section that is in the main sanctuary with the men, and is marked using dividers that go from one end to the other, to separate between the men and women section and prevent the men from seeing the women. Other synagogues have a completely different room to the side or back of the main sanctuary which serves as the women section.[2] It is common amongst Orthodox Jewry to not limit the Mechitza for only prayer gatherings in a synagogue, but to also have one during wedding events and other occasions. However, there exists gatherings of men and women in which it is not common to establish a divider between men and women, such as by the dinner table or Shabbos table, and the like. What is the difference? When is a divider required between men and women and when is it not? Even when required, is this an actual obligation or simply a stringency and tradition that gives room for leniency and flexibility? If it is an obligation, then what is its source in the Talmud and Poskim. Likewise, what are its requirements of validity? All this and more will be explored in this thorough comprehensive article on the subject.
B. The Law:
A Mechitza is required between the men and women within a Shul, as explained in B, and by certain other events, as explained in length in the coming laws.
Its Halachic status – Biblical, Rabbinical, or Custom: The concept of having a division between men and women during certain gatherings is scripturally based, as explained in C source #1, and hence some Poskim[3] rule that one who does not have a Mechitza when required, transgresses a Biblical prohibition. This Biblical requirement applied by the Simchas Beis Hashoeiva in the Temple, as explained in C source #2, and seemingly likewise Biblically applies also inside a Shul.[4] Furthermore, it is possible that this Biblical obligation applies to any event in which men and women are obligated to gather.[5]
C. The Halachic source for the requirement:
Interestingly, the accustomed obligation to have a Mechitza in Shul or by other events is not explicitly recorded in the Rambam or Shulchan Aruch, and the later Poskim[6] collect the various Talmudic and Halachic sources which lead to its requirement.
- Source #1 from Scripture-Separation by Eulogy: The verse in Zecharia[7] states regarding the future era, “And the land will eulogize [the death of a certain individual[8]]. Each family will eulogize him on their own. The family of the household of David will eulogize him alone with the female members of the family eulogizing him on their own. The family of the household of Nathan will eulogize him on their own, with the female members of the family eulogizing him on their own.” In other words, Scripture is stating that even in the future era during the time of a eulogy, the men and women will be separated from each other.[9] The Talmud[10] explains that the sages learned from this verse that if even in the future era when there will no longer be an evil inclination, a separation of men and women is required even by a eulogy, which is a sad event that does not arouse the evil inclination, all the more so is a separation required now when the evil inclination exists, and all the more so by a happy and joyous event. It was the expounding of this verse which served as the clause which permitted the sages to renovate the first Temple and build a womens section, as will be explained next. [From this source, the Poskim learn that the requirement of separation men and women applies not just by a Shul, but by other events as well.]
- Source #2 from Talmud and Poskim-Women’s balcony by Simchas Beis Hashoeiva:[11] The Mishneh[12] states that on the leave of the first day of the holiday of Sukkos they descended to the women’s quarters of the temple [i.e. Ezras Nashim] and made there a great Tikkun, productive correction. The Talmud[13] asks as to what great correction was made, and explains that they would build a temporary women’s section in the temple courtyard in order to separate the men and women from each other during the Simchas Beis Hashoeiva festivities. The men were positioned on the ground of the Ezras Nashim while the women were positioned on top, on a balcony that was specially built for this occasion. The balcony protruded from the inner walls of the temple which surrounded the Ezras Nashim, and was built elevated on the upper part of the wall. The allowance to renovate the temple [which was built under the direct guidance of G-d through his prophets Gad and Nathan], was learned from the above verse in Scripture which requires separation of men and women even during times of eulogy and even in the future era. Originally, prior to the renovation of this balcony, during the Simchas Beis Hashoeiva festivities, the men were outside the temple, on the Temple Mount, while the women were inside the Ezras Nashim section of the temple. However, this led to lightheadedness and frivolity and hence they changed the order that the men should be in the inside and the women on the outside. However, this too led to lightheadedness and frivolity which eventually led to the renovation of the balconies for the women to sit on top and be separate from the men who are on bottom. [From this source, the Poskim learn that the requirement of separation men and women by a Shul, which is similar to a Temple.]
- Source #3 from Talmud And Poskim-Event Dividers: The Talmud[14] states that both Abayey and Rava would create a division between men and women by events in which men and women gather [such as by a Torah lesson or wedding[15]]. Abayey would organize a series of earthenware jugs between the men and women, which would prevent them from crossing into the other genders designated area, as this would cause the jugs to shake against each other and make a loud sound. Rava would organize a series of bamboo sticks between the men and women which would make noise in the event that someone tried to cross past them. Avin had cursed the festivals in which men and women would gather together by events, such as by Torah lessons, [as these gatherings would lead to intermingling between the men and women[16], and also lead to them looking at each other in a sinful way[17]]. This concept of setting up a divider between men and women by Torah events is recorded in the Poskim.[18]
- Source #4 from Poskim-Festival patrols: Based on the above Talmudic teaching in #2[19], and based on a further Talmudic dictum[20], the Poskim[21] rule that the Jewish courts are obligated to appoint police to patrol during the festivals throughout the gardens and orchards and rivers to make sure that men and women are not gathered together to eat and drink and come to sin. Likewise, they are to warn the nation to not have intermingling between men and women even in their own homes during the festive meal, as they may be drawn to consume alcohol and be drawn towards sin. The Achronim[22] conclude that in today’s times, this patrol is required even during regular times of year, as due to our great sins, intermingling of men and women has become customary even during other times of the year. [From this source, the Poskim learn that the requirement of separation men and women applies not just by a Shul, but by other events as well.]
- Source #5 from Poskim-Sheva Brachos divisions: The Poskim[23] rule that it is forbidden for the blessing of Shehasimcha Bemiono to be recited by the festive meal of a wedding [i.e. Sheva Brachos] if the men and women are sitting in the same room and are able to see each other. The reason for this is because there is no joy above in heaven in a place that the evil inclination has control and in which sin is found, and in all areas in which men and women are found together there is worry of forbidden thought. Some Poskim[24], however, record that the custom is to no longer be careful in this and to recite Shehasimcha Bemiono even if the meal takes place with men and women together in the same room. The suggested reason for this is because in today’s times men are very accustomed to being around women and hence are not led to sinful thoughts as a result of seeing them. [From this source, the Poskim debate if the requirement of separation between men and women applies by events, such as a wedding.]
- Source for lack of need of Mechitza in home meal: The law is that it is forbidden to have a Mechitza present between the group of people who would eat the Pesach sacrifice on the night of Pesach.[25] Now, being that women are also obligated in the Mitzvah, and were prohibited from making their own group for eating, from here it is proven that it is permitted for men and women to eat a meal together without a Mechitza.[26] Nonetheless, there are meals in which a Mechitza is required due to it being a public event, as will be explained.
D. The reason for the requirement:[27]
The Talmud[28] states that the reason for building the balcony is in order to prevent “Kalus Rosh.” The Poskim discuss the exact parameters and definition of this statement.
Prevent intermingling: Some Rishonim[29] and Poskim[30] record that the reason behind the building of the women’s section balcony in the temple was in order to prevent men and women from mixing with each other and intermingling. This is also the reason behind appointing the police patrol during the holidays, to prevent men and women from intermingling.[31]
Prevent forbidden sight: Some Rishonim[32] and Poskim[33] record that the reason behind the building of the women’s section balcony in the temple was in order to prevent the men from staring at the women. Some Poskim[34], however, negate this as being the reason behind the need for a Mechitza between men and women.
Prevent lightheadedness and frivolity: Some Rishonim[35] and Poskim[36] record that the reason behind the building of the women’s section balcony in the temple was in order to prevent lightheadedness and frivolity which could lead to intermingling [i.e. speech and touching[37]] between the men and women.
Prevent forbidden thought: Some Poskim[38] write that the purpose of a Mechitza in Shul is to prevent forbidden thoughts during prayer which can prevent the prayer from being elevated.
E. The definition of a Kosher Mechitza:[39]
A Kosher Mechitza is defined as a divider which prevents intermingling [i.e. talking and touching] between the two genders.[40] In addition, according to most Poskim[41], and so is the Rebbe’s opinion[42], it must also prevent the women from being in view of the men. Accordingly, a divider which prevents intermingling but does not prevent the men from seeing the women is invalid.
Height in a Shul: According to all opinions, the Mechitza must be at least tall enough to reach the average shoulder height of a person, which is approximately 18 Tefachim.[43] If it is lower than this height, then it is completely invalid. Now, regarding if it must be even higher than average shoulder height, is disputed amongst the Poskim. Some Poskim[44] rule that it suffices for it to be of shoulder height and remains valid even if the men can see the uncovered hair of married women, although it is an act of piety for it to completely block also the faces of the women.[45] However, according to most Poskim[46], and so is the Rebbe’s opinion[47], it must be tall enough to completely block vision of the women, and hence it must be tall enough to block the men from seeing the heads and faces of the women. At minimum, it must be at least 6 feet tall.[48] This applies even if all the married women cover their hair, and certainly if they don’t. Some Poskim[49] rule it should be high enough to prevent the vision of men even when they are standing on the podium, such as on the Bima or steps of the Aron Kodesh. [Nonetheless, effort should be placed to have a Mechitza of the height of at least the lenient opinion, if the congregation refuses a Mechitza of the stringent opinion, and with time perhaps one can influence them to make it higher.[50] However, one should not accept the position of being a Rav in such a congregation[51], and perhaps should not Daven in such a congregation, as such a Mechitza is invalid according to the Rebbe and many Poskim.]
Height by an event: Some Poskim[52] rule that only in a Shul is it required for the Mechitza to be the above height to completely block the sight of the other gender. However, by an event, such as a Sheva Brachos meal or Shiur, a simple divider of even ten Tefachim is valid.
Glass: A see through glass Mechitza is invalid.[53] Furthermore, according to most Poskim[54], and so is the Rebbe’s opinion[55], it is invalid even if the majority of the height of the Mechitza is not made of glass and there is simply a see-through glass partition placed on top which allows the head and face of the women to be seen. However, if the glass partition is tainted in a way that only the women can see the men but not vice versa, then it is valid.[56] Even this however, was discouraged by the Rebbe unless the women section is by an upper balcony.[57] Certainly, an opaque or stained or smoked glass Mechitza should not be used for the length of the Mechitza, if it does not completely block the site of people behind it, even if it blurs their body.[58]
Perforations:[59] It is permitted for the Mechitza to contain small perforations which allow the women to see through it to the men’s section. The holes must be small enough to block the men from being able to see the figure of a woman through it. If the holes are large enough for men to be able to see into the womens section, then it is invalid.
Balcony:[60] A balcony Mechitza [i.e. women are on the balcony] is valid. However, even by a balcony Mechitza, it is necessary to have a non-see-through partition to prevent the men from seeing the women when they look up.
Trees, plants, Filigree, lattice work: It is permitted for the Mechitza to be made of any item or material so long as it blocks the men from being able to see the figure of a woman through it. If the holes are large enough for men to be able to see into the womens section, then it is invalid.
Length:[61] The Mechitza must stretch from one end of the women’s section to the other, so the men cannot see the women from any part of the Shul.
Separate entrances:[62] Separate entrances to the men’s and women’s section must be made so the men and women can enter from their own entrance, in order to prevent intermingling in the entrance area and prevent the men from seeing the women there. [However, if this is not possible, then one may be lenient.]
The events in which a Mechitza is required:
A. The general rule:
Some Poskim[63] rule that all events which require or are designated for the gathering of men and women, require a Mechitza and that this is a Biblical requirement.[64] One can argue that this applies even regarding non-Torah related events and gatherings, such as a eulogy, and certainly by events of religious nature, such as worship.[65]
Voluntary versus obligatory events: Some Poskim[66] question whether the Mechitza obligation applies only to obligatory events of gathering, such as by eulogy, or prayer in the synagogue, or even to voluntary events [i.e. a celebratory meal]. Practically, most Poskim[67] agree that it applies even by a voluntary event.
Events not intended for gathering:[68] Events which do not require and are not designated for the gathering of both men and women do not require a Mechitza, even if a man or woman enters the area. [Thus, it is permitted for a single woman to enter the men’s section for a reason, and they may continue Davening.[69]]
Private event: Likewise, some Poskim[70] hold that the necessity for a Mechitza only applies by a public event, and not by a private event. Practically, the custom is not to require a Mechitza by certain private events, such as a Shabbos meal at home, although by a wedding a Mechitza is required, despite being a private event, as explained in ??.
Gathering for purpose of event:[71] Likewise, the obligation for a Mechitza only applies when the men and women gather for the same event, and hence there is connection between them, and not when they simply happen to be in the same room or space, each for their own purpose. Hence, a Mechitza is not required on a bus, train, plane, restaurant, or hotel lobby and dining hall.
Shul versus other area: Some Poskim[72] suggest that the requirement for a Mechitza only applies to an event held in a Shul or Beis Midrash and not to an event held in any other area. However, all other Poskim[73] reject this claim. [However, one can argue that it is only in a Shul that a full Mechitza is required, while in other areas a ten Tefach divider suffices.[74]]
Mitzvah gathering: Some Poskim[75] rule that all events which are designated for the gathering of men and women require a Mechitza, including Mitzvah related events. Other Poskim[76], however, rule that a Mechitza is only required by a mundane gathering and not by a gathering for the sake of a Mitzvah. [Practically, the accepted approach follows the former opinion.]
Meals: Some Poskim[77] rule that a Mechitza is not required by a meal gathering. Other Poskim[78] rule a Mechitza is required even by a meal gathering, such as a wedding meal.[79] [Some suggest that perhaps this is limited to an overly joyous gathering, such as a wedding, and doesn’t apply to every meal gathering.] Other Poskim[80] rule that it applies by every meal gathering, and at the very least the men and women must be on separate sides of the hall if there is no Mechitza.
Number of men or women present to require a Mechitza:[81] It is not necessary for a Mechitza to be put up if only one woman or man is present in the area. Accordingly, it is permitted for a single woman to enter into the men’s section of the Shul, and they may continue Davening. Furthermore, it is possible that even two women are allowed to enter.
Height by an event: Some Poskim[82] rule that only in a Shul is it required for the Mechitza to be of a height that completely blocks the sight of the other gender. However, by an event, such as a Sheva Brachos meal or Shiur, a simple divider of even ten Tefachim is valid.
B. In a Shul:[83]
It is a Biblical[84] requirement for a Shul to have a Kosher Mechitza set up between the men’s and women’s sections.[85] [This applies whether the women’s section is found to the side, back, or on top of the men’s section. The Mechitza has been found in Shuls dating back hundreds of years, and so has been done throughout all generations, until the reform movement began taking down the Mechitza in the 1800’s.[86] It is forbidden to compromise on this matter even temporarily, even if one believes that doing so can bring more people to the congregation and save them from being members of a conservative synagogue.[87]]
Must a Shul have a women’s section?[88] It is of great importance for every Shul to have a woman section in order to encourage women to attend the prayers and strengthen their observance of Torah and Mitzvos.[89] Having a women’s section in the synagogue, known as an Ezras Nashim, has been traditionally done for many generations.[90] Nonetheless, it is not an obligation, and hence there do exist synagogues both of the current and previous generations, which do not and did not have a women’s section.[91]
Women’s balcony; The ideal Mechitza:[92] Ideally, when constructing a Shul, the best solution for a women section is to build a women’s balcony, as was done in the temple, and as has been done in many Shuls. If this can’t be done, then some Poskim rule that it should be built by the western side [i.e. back] of the Shul. [However, the Rebbe recommended for it to be by the side of the Shul, going from East to West.[93]]
A temporary private Minyan:[94] By a temporary Minyan, there is no requirement for a Mechitza.[95] [Hence, one may Daven in a park, office, or other public place even if there are women present, so long as they are not immodestly dressed and within one’s view. This allowance applies even to making a Minyan in the area.]
Office Minyan: An occasional office Minyan may take place without a Mechitza, so long as the women are not intermingled with the men and are not dressed immodestly. However, a set daily office Minyan should take place in a separate room without women. If this is not possible, there is room for leniency.[96]
Shiva Home: Some Poskim[97] rule that a Mechitza is required by a Shiva home between the men and women especially during the Davening, as it is open to the public. Nonetheless, if the women refuse to leave the Davening may still take place [so long as they are not immodestly dressed and within one’s view].
May one Daven in a Shul that does not have a Kosher Mechitza?[98] One is not to Daven in a Shul that does not have a Kosher Mechitza. This applies even on Rosh Hashanah and Yom Kippur. Certainly, one may not Daven in a conservative or reform shul. [One is certainly not to accept a Rabbinical position in a Shul that does not have a Kosher Mechitza.[99]]
If a woman enters the men’s section:[100] It is permitted to continue Davening if one or even two women enter the men’s section. Thus, there is no need to protest one or even two women who enter the men’s section on occasion, such as to collect Tzedaka. However, this should not be allowed to be done on permanent basis.
Until what age may girls be present in the men’s side of the shul? Some[101] write that one is to abstain girls from being present in the men’s section beginning from age three and onwards, even if they are dressed modestly. The Rebbe, however, writes that the prevalent custom [Maaseh Rav], based on the consensus of Gedolei Yisrael, is to permit young girls to come to shul with their fathers and join them in the men’s section [so long as they are dressed modestly]. This applies even if the girls are past the age of three, until they reach the age of Chinuch and understanding regarding this matter.[102] Some suggest that one may be lenient until age nine, [depending on the girls mental and physical maturity].[103] From age three, it is forbidden for an immodestly dressed girl to be present in the men’s section.[104]
May women come into the men’s Shul to watch the Hakafos? Many are accustomed to allowing the women to come into the men’s Shul, or to remove the Mechitzos, to allow them to watch the Hakafos.[105] However, some negate this custom.[106] [This was not accustomed in 770, and is seemingly refuted based on the original Takana in the Temple which was to place a Mechitza specifically during times of dancing.]
Children’s Minyan:[107] There should be a Mechitza even by a children’s Minyan of boys and girls, [and so was done in 770 by the children rallies at the times of Davening].
Kaddish: When reciting Kaddish by an event, such as by a Siyum or Shloshim, or Aliyah to a Kever, the men and women are to be on separate sides and not intermingled. However, a Mechitza is not required.[108]
Megillah reading:[109] One is to try to make arrangements ahead of time that there be a Mechitza separating between the men and women by a Megillah reading, whether public or private.[110] This certainly applies by a public reading taking place in Shul. If this is not possible, such as when having a Megillah reading in an auditorium or hall, then the men and women are at the very least to sit on separate sides.[111] Under no circumstances may the men and women sit mixed together. In cases of need, one is to discuss the matter with a competent Rav.[112]
C. By a wedding/Sheva Brachos:[113]
Chuppah: Some Rishonim[114] record that one is to establish a division between men and women by the Chuppah. However, it suffices to have a Mechitza of ten Tefach between the sides and it is not necessary for it to completely block the sight of the women.[115] Practically, however, the widespread custom of many generations is for there not to be a Mechitza by a Chuppa, and so was done with the participation of Gedolei Yisrael. Nonetheless, it is proper for there to be some separation between them.[116]
Wedding: Some Poskim[117] rule it is forbidden to recite Shehasimcha Bemiono by the Sheva Brachos of a meal which contained mixed seating of men and woman, or a lack of Mechitza between the sections, being that the evil inclination is found in this event. [According to this opinion, it is forbidden to have mixed seating by the meal and a Mechitza is required between the men and the women.[118]] Other Poskim[119], however, rule that it is permitted to have a wedding meal or Sheva Brachos without a Mechitza, and one may say Shehasimcha Bemiono by the Sheva Brachos of such a meal.[120] Practically, although in previous times there was leniency in this matter even among some segments of Orthodox Jewry even by a wedding[121], nonetheless, in today’s times the widespread custom amongst Chareidi Jewry is to have a Mechitza by the wedding venue for separating the men and women, and so is the opinion of the Rebbe that it is an actual requirement according to Shulchan Aruch according to all opinions, as the basis of the leniency of the lenient opinion is no longer applicable.[122]
Participating in mixed wedding: Despite the above requirement for a Mechitza by a wedding, some Poskim[123] conclude that it remains permitted to participate in a wedding meal without a Mechitza [which follows the lenient approach] so long as the dancing is separate and the women are dressed modestly [and some require also that there not be mixed seating]. However, if one strongly suspects that he will be challenged with looking at the beauty of the women by the wedding which is forbidden and can lead him to even greater sin, then it is better for him not to attend such a wedding, even if there is a separate seating [due to the mingling that happens outside of the hall], and certainly if there is no Mechitza at all.[124]
The benefits of having a Mechitza and detriment of not having one:[125] Being careful in this matter of having a Mechitza between the men and women by the wedding allows one to recite the blessing of Shehasimcha Bemiono, which draws down the blessing of G-d to the celebration so the couple lead a happy, healthy, and blessed life together. Performing the venue without a Mechitza forfeits this blessing and can negatively affect the couple and their future together, heaven forbid. Accordingly, even though it is accepted among some segments of Orthodox Jewry to perform the wedding venue without a Mechitza, practically, this is not to be done, and has led to many Tzaros.[126]
Mixed Dancing:[127] It is absolutely forbidden for men and women to dance together, and with each other, whether a married woman is dancing with another man that is not her husband, or a single girl and boy are dancing together. [The concept of mixed dancing is the exact opposite of the concept of the wedding. A wedding celebrates the unity of a man and woman to be sanctified to each other. Mixed dancing emphasizes the exact opposite, as a married woman dances with another man, and single boys and girl dance with each other without needing marriage. When G-d in heaven sees that this marriage has led to this type of joy it can have a negative impact.[128]]
Mechitza by Dancing:[129] According to all opinions, it is forbidden for men to watch women dancing and therefore a Mechitza is required.
Sheva Brachos meal: Ideally, the question of whether a Mechitza is necessary between men and women by a Sheva Brachos meal, is subject to the same debate in the Poskim mentioned regarding a wedding meal[130], by which the Rebbe concluded to be stringent and so is the widespread custom by a wedding meal, and the same should apply to a Sheva Brachos meal.[131] [Nonetheless, for some reason, many are more lenient by a Sheva Brachos meal to not have a formal Mechitza between the men and women. This especially applies if it is not open for acquaintances and friends and is only attended by the immediate families.] Some Poskim[132] rule that by a Sheva Brachos it suffices to have a Mechitza of ten Tefach between the sides and it is not necessary for it to completely block the sight of the women, and in such a case one may say Shehasimcha Bimiono.
D. By a Seudas Mitzvah event [i.e. Bar Mitzvah, Bris, Pidyon Haben, etc]:
Bar Mitzvah: This follows the same law as a wedding meal [due to the dancing and great extravagance with which it is organized today] and hence a Mechitza is required. Nonetheless, some Poskim[133] conclude that it remains permitted to participate in a Bar Mitzvah celebration without a Mechitza which follows the lenient approach so long as the dancing is separate and the women are dressed modestly and some require also that there not be mixed seating.
Bris:[134] Women should not be together with the men, and the men should not be together with the women, by a Bris, as this is considered Peritzus. [However, many are accustomed to not be particular to require a Mechitza by a Bris, and rather they suffice with the men and women simply remaining on separate sides, similar to a Chuppah.[135]] Nonetheless, by the meal, a Mechitza should be present.
Pidyon Haben: Many are not accustomed to have a Mechitza by a Pidyon Haben ceremony. Nonetheless, by the meal, a Mechitza should be present, unless it is a small event for the immediate family. At the very least, there must be separate seating.
Upsherenish: The widespread custom is to not require a Mechitza by an Upshreinish event.
E. By a community meal:[136]
Some Poskim[137] rule that from the letter of the law, there is room to be lenient to have a public meal without a Mechitza between the men and woman side. Hpowever, according to the Rebbe’s directives, a public meal is to have a Mechitza in-between the men’s and women’s section.[138]
Purim Seuda: Certainly, there should be a Mechitza present between the men and women by a community Purim meal, as there is great joy and drinking of alcohol which takes place, and is hence similar to a wedding meal in this regard.[139] The widespread custom, however, is to not require there to be a Mechitza between the men and women by a private Purim meal. Nonetheless, the men and women are to sit by different sides of the table.
Shul or Chabad house meals: Many are accustomed to not require there to be a Mechitza between the men and women by a public meal held in a Shul on a typical Shabbos or holiday. Nonetheless, the men and women are to sit by different sides of the table.
Banquet or Dinner events for institutions: Many are accustomed to not require there to be a Mechitza between the men and women by a dinner event. Nonetheless, some are meticulous to do so and have a Mechitza between the men and the women[140] and so is the accepted practice amongst Charedi Jewry in Eretz Yisrael, with some Poskim[141] ruling that it is an absolute requirement. According to all, it is improper for there to be mixed seating and hence at the very least, the seating for the men and women should be separate.[142]
Public Pesach Seder:[143] The widespread custom is to not require there to be a Mechitza between the men and women by a public meal held by a public Pesach Seder. Nonetheless, the men and women are to sit by different sides of the table.
F. Private meal taking place in a public setting, such as a hotel or restaurant:[144]
Restaurant: A Mechitza is not necessary between the men and women who are eating in a restaurant, and each family may sit down and eat on their section or table, and so is the widespread custom to not require there to be a Mechitza even amongst the Chareidim.[145]
Hotel: A Mechitza is not necessary between the men and women who are eating in the dining room of the hotel, and each family may sit down and eat on their section or table, and so is the widespread custom to not require there to be a Mechitza even amongst the Chareidim.[146]
G. By a private meal at home, such as Shabbos/Yom Tov:[147]
Family meal: By a private meal of only relatives and family members, a Mechitza is not required and male/female family members may sit together on the same table.[148] [If there are also distance relatives and guests by the meal, the seating is to be set up in a way that the men and woman are on separate areas of the table or room, although a Mechitza is not required.[149]] Nonetheless, some communities are accustomed for the male and female members of the family to eat on separate tables, and at times even in separate rooms, and so was the custom in previous times.[150]
Event meal [i.e. Sheva Brachos, Bas Mitzvah, Upsherenish etc]: This follows the same law as a Seudas Mitzvah and wedding meal, by which we rule that initially a Mechitza is required, and at the very least there should be a divider of ten Tefachim tall.
H. By a Shiur Torah or other lecture event:[151]
It is necessary to establish a Mechitza between men and women when giving a Shiur or Drasha. [It is not necessary, however, to have a full blocking Mechitza as is the custom in a synagogue, and rather a mere divider to prevent intermingling suffices.[152]] In a time of great need, it suffices to have the men and women on separate sides without a divider. This especially applies by a Kiruv event.[153]
The Rebbe’s opinion:[154] According to the Rebbe’s directives, a Shiur is to have a Mechitza between the men and women even if the participants are not religious and even if the Shiur is taking place in a nonreligious kibbutz.[155] Furthermore, one is not to participate in a lecture, or a series of lectures, in which men and women learn together.[156] However, in a time of great need [i.e. communist Russia], the Rebbe agreed for exceptions to be made to permit women to be present by a men’s Shiur.[157] Even then, the Rebbe stipulated this on a number of conditions including: 1) The content of the class should be relevant also for women, such as laws that are applicable also to women. 2) That the men and women be by separate sides of the aisle. This will hopefully prevent intermingling, and mixed dancing, and in no way may intermingling be condoned whether explicitly or silently even for this group which is not opposed to intermingling and mixed dancing. 3) This allowance only applies in the absolute mitigating circumstances such as in communist Russia, in which there is no other way to save these Jews from intermarriage. This allowance should not be extended to any other country which do not have these same circumstances, and even in Russia, it may only be done until conditions change.
Children’s event: In the Rebbe’s presence, it was common to hold children’s events with boys and girls in 770 without any Mechitzos in between [perhaps due to them being below the age of Bar and Bas Mitzvah]. Nonetheless, the boys and girls were on separate sides of the room[158], and a Mechitza was placed during Tefilos.
Yechidus Kelalis: By the Yechidus Kelalis that the Rebbe held for different groups, it was common for the Yechidus to take place in the presence of both the men and women without any Mechitza in between [perhaps due the fact that they remained standing and in a state of fear and trepidation in front of the Rebbe].
Kinnus Zikeinim: By the gathering that the Rebbe held for elderly groups, it was common for there to be a Mechitza between the men and women.
Kaddish: When reciting Kaddish after the Shiur, the men and women are to be on separate sides and not intermingled. However, a Mechitza is not required.
Megillah reading: See Halacha B in end!
I. Funeral & Eulogy:
Eulogy: The entire source of a Mechitza brought in the Talmud is based on a verse in scripture which discusses separation of gender by a eulogy [see source #1]. Hence, a Mechitza between the men and women is required by a eulogy. Furthermore, it is possible that this is a Biblical obligation.[159]
Women attending a Funeral:[160] Women are permitted and obligated to attend funerals just like men.[161] Some communities are accustomed for women to attend and walk ahead of the casket. Others are accustomed for the women to attend and walk behind the casket. Now, the custom is for women to follow from behind the casket, and one is not to swerve from this custom.[162] [However, in some communities it is accustomed for women not to attend funerals at all.[163] This is the custom in Jerusalem[164], and Tzefat.[165] This is based on the ruling of the Zohar.[166] The Chabad custom is to allow women to attend a funeral, and one is not to be stringent in this matter.[167] The women, however, are to remain stationary and are not to follow the casket as it begins to move.[168] The women are to remain separated from the men throughout the funeral proceedings.[169]]
Women attending a burial:[170] Women are not to attend the burial that proceeds after the Levaya[171], and if they desire to do so they are to be persuaded not to attend.[172] [This is based on the ruling of the Zohar.[173] However, some learn that even according to the Zohar, women may attend the burial so long as they stay behind the men, and the danger is only when the men turn around.[174] Practically, the Chabad custom is to allow women to attend the burial, and they may enter into the cemetery where the burial will take place.[175] The women are to remain separate from the men throughout the funeral proceedings.[176]]
Not to look at women during, or after, the Levaya:[177] Throughout the proceedings of the funeral and burial it is forbidden to look at the faces of the women attending the funeral/burial.[178] This applies while the women are at the funeral and when the women return from the funeral or burial.[179] [However, those women who did not attend the funeral do not need to be abstained from.[180] Some Poskim[181] rule that the above adherence is only necessary if the person was killed by the Malach Hamaves, such as due to natural causes. If, however, he is a murder victim, then the Malach Hamaves does not attend the funeral, and there is no need to avoid seeing the women.]
Separation of men and women through the funeral proceedings: For the above reason, the men may not stand in front of the women when they return from the funeral, and they are not to greet them face to face during the funeral. Rather, during the funeral, the men are to follow either in back of the women or in front of them, and after the funeral, the men are not to stand in front of the women [at all, even with their backs to the women[182]]. Upon returning from the funeral or burial[183], the men are to exit through a different route in order not to greet the women. [In some communities the custom is for the men to leave prior to the women, and for the women to delay and stay by the grave until 15 minutes pass from after the men left.[184] Others are accustomed to do the contrary and have the women leave before the men.] (If, however, there are less than seven women present, there is no need to worry so much of this matter.[185])
What to do in case one sees a woman: In the event that one comes face to face with the women, he is to skip four Amos [6 feet] from his current position, and if there is a river present, he is to cross it. Alternatively, if there is another route, he is to take that route. If there is a wall he is to stand behind the wall until the women pass. If this too is not possible, then one is to turn his face away from the women and say the verse “Vayomer Hashem El HaSatan Yigar Hashem Becha etc” until all the women pass. (If, however, there are less than seven women present, there is no need to worry so much of this matter.[186])
Kaddish: When reciting Kaddish by the Kever, the men and women are to be on separate sides and not intermingled. However, a Mechitza is not required, and so is the widespread custom.
J. Shiva Home:
Some Poskim[187] rule that a Mechitza is required by a Shiva home, between the men and women, being that it is open to the public. Alternatively, the women are to be in another room. This especially applies during Davening. Nonetheless, if the women refuse to leave the Davening may still take place.
K. By a concert:
The entire source of a Mechitza brought from the Talmud is regarding the Simchas Beis Hashoeiva [see source #2]. Hence, a Mechitza between the men and women should be required by a concert. [However, some are lenient to have a concert without a Mechitza between the men and woman side, so long as there is no dancing of women taking place, seemingly based on those Poskim who are lenient by a wedding meal. According to all opinions, mixed seating with men and women sitting next to each other is forbidden by a concert, and at the very least, there is to be separate seating for the men and women.[188]]
L. Public transportation:[189]
There is no requirement for there to be a Mechitza between the men and women on a bus, train, or plane, as the passengers have no connection with each other and are each there for their own purpose.
M. The Ohel or Kever of Tzadik:
In general, there is no requirement to establish a Mechitza by a burial site as it is not meant for public gathering, and so is the widespread custom of all generations and all cemeteries, even though there are times that men and women come to visit the same grave. Nonetheless, those graves which are visited by a large population of pilgrims throughout the year, should have a Mechitza established to separate between the men and women, and so is the custom. Accordingly, Chabad Rabbanim[190] throughout the world have issued rulings to require a Mechitza to be established by the Rebbe’s burial site, and for a separate room to be designated for women to write their Panim.
Kaddish: When reciting Kaddish after Mishnayos by a Kever, the men and women are to be on separate sides and not intermingled. However, a Mechitza is not required.
N. May one put up a Mechitza in a Sukkah?[191]
A Mechitza may only be set up in a Sukkah if it leaves a dimension of 7×7 Tefachim on each side of the Mechitza, otherwise that area that contains less than 7×7 Tefachim becomes invalidated. Thus, when setting up Mechitzos in a Sukkah to separate between men and women, or to separate between diners in a restaurant or hotel, or to separate between people in quarantine, then one must make sure to leave a space of 7×7 Tefachim within each Mechitza.
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[1] See Pardes Chabad 13:95; Koveitz Hayovel 1:266-291; Piskeiy Teshuvos 151:4; Shulchan Menachem 1:106 [Shul Mechitza]; 6:50 [Mechitza by wedding]
Opinion of Rav Moshe Feinstein: See Igros Moshe O.C. 1:39, 40, 41,42, 44; 2:40; 109; 3:23-24; 5:11-12; Techumin 29:168; 16; Pardes Chabad 13:95
Opinion of Rebbe: Igros Kodesh 7:309, 328; 14:228; 18:394; 19:73; 23:156; 25:2; Otzer Hamelech 3:146; Shulchan Menachem 1:106; Shulchan Menachem 6:50 p. 224; Likkutei Sichos 1:100; Toras Menachem 5714 2:190; Hiskashrus 588:11; Pardes Chabad 13:95; Maaneh printed in Choveres Hivsvadyus Parshas Reih 5772:13
General sources: Sukkah 51b-52a; Kiddushin 81a and Rashi and Tosafus ibid; Pesachim 64b; 86a; 91a; Rambam Hilchos Yom Tov 6:21; Hilchos Lulav 8:12; Hilchos Beis Habechira 5:9; Pirush Hamishnayos Sukkah 5:2; HaPardes Rashi p. 72; Sefer Chassidim 393; Michaber 529:4; Admur 315:3; 529:4; Beis Shmuel E.H. 62:11; Bach E.H. 62:12; Levush O.C. Vol. 2 [Levush Hachor] Minhagim 36; Chasam Sofer C.M. 190; Kesav Sofer E.H. 47; Maharam Shick O.C. 77; Kitzur SHU”A 149:1; Machaneh Chaim 3:10; Beis Hillel 104; Derech Pikudecha Mitzvah 35; Arugas Habosem O.C. 26; Devar Halacha 15:3; Divrei Yoel O.C. 1:10; Seridei Eish O.C. 14; 2:8 [1:77 in new edition]; Techumin 20:168; Zichron Yehuda 62; Tzitz Eliezer 7:8; Shevet Halevi 1:29; 8:281; Beir Moshe 4:147; Lev Avraham 1:135; Vayan Yosef O.C. 1:58; Mishneh Halachos 7:12; Mishnas Yosef 19-20; Kaneh Bosem 2:9; Divrei Yisrael, brought in Taharas Yom Tov 3:28; Tiferes Naftali 12; Bnei Banim 1:35; Mipinyanei Harav p. 46; Om Ani Choma 23; Mahariy Shteif 136; Yabia Omer E.H. 3:19; Sova Semachos 4:15
[2] See Mishnas Yosef 19-20
[3] Igros Moshe O.C. 1:39 “In my opinion, the idea that men and women may not remain without a Mechitza even if each are on their own side of the room, is a Biblical precept”, based on Sukkah 52a which explains that the allowance for renovating a woman’s balcony in the temple for the sake of this division can only be justified if the prohibition is Biblical as otherwise it would be forbidden to renovate the temple; Yerushalmi Sukkah 5:2 “Devar Torah”; However, see Pardes Chabad ibid who argues this claim
[4] Igros Moshe ibid debates this matter and concludes that it is seemingly Biblical
The reason: As one is biblically required to be in a state of fear of heaven during service of G-d, and anything which leads to lightheadedness is forbidden biblically.
[5] Igros Moshe ibid debates this matter and concludes that it is seemingly Biblical
[6] See Chasam Sofer C.M. 190; Maharam Shick 77; Machaneh Chaim 3:10; Beis Hillel 104; Seridei Eish O.C. 14; Igros Moshe O.C. 1:39, 41, 42; 2:40; 109; 3:23-24; Divrei Yoel O.C. 10; Likkutei Minchas Yitzchak 14; Tzitz Eliezer 7:8; Mishneh Halachos 7:12
[7] 12:12
[8] The Talmud records a dispute as to whose death is being eulogized, with some saying that they are eulogizing Moshiach Ben Yosef, who will be killed during the war of Gog Umagiog. Others say that they are eulogizing the evil inclination, who will be slaughtered in the future.
[9] Rashi Sukkah 52a
[10] Sukkah 51b
[11] See Chasam Sofer C.M. Hashmatos 190; Igros Moshe O.C. 1:39 for his explanation and understanding behind this Gemara
[12] Sukkah 51a
[13] Sukkah 51b; Rambam Mishneh Torah Lulav 8:12
[14] Kiddushin 81a
[15] Rashi ibid
[16] Rashi ibid
[17] Tosafus ibid
[18] Admur 315:3 “Such as a Divider that is made at the time of the Drasha to divide between men and women”; Rama 315:1; Taz 315:1; Mordechai Shabbos 3 Remez 311; M”B 315:5
[19] Maggid Mishneh 6:21
[20] Avin in Kiddushin 81a “Sakva Deshasa Rigla”
[21] Admur 529:13; Michaber 529:4; Tur 429 and 529; Rambam Hilchos Yom Tov 6:21; Avin in Kiddushin 81a “Sakva Deshasa Rigla” as explains Rashi ibid “May the festivals which are opportune for sin die, as men and women gather together to hear the lecture and end up intermingling” and Tosafus ibid “they look at each other”
[22] M”B 529:22; Shaar Hatziyon 529:21
[23] Beis Shmuel E.H. 62:11; Bach E.H. 62:12; Beir Heiytiv 62:11; Sefer Haminhagim Tirana Hagahos 14; Sefer Chassidim 393, brought in Levush O.C. Vol. 2 [Levush Hachor] Minhagim 36, “When man and woman are together and see each other such as by meal of a wedding, then one does not say the blessing of Shehasimcha Bimiono, as there is no joy in front of G-d when sinful thoughts are being pondered”; Orchos Tzadikim Erech Simcha; Kitzur SHU”A 149:1
[24] Levush O.C. Vol. 2 [Levush Hachor] Minhagim 36 [end of Sefer, last Halacha], brought in Pischeiy Teshuvah E.H. 62:18, after quoting the Sefer Chassidim ibid he concludes “today we are no longer accustomed to be careful in this, and possibly the reason for this is because today’s women are much more accustomed to be amongst men, and hence there is not as much sinful thought caused by this, as we consider them like a “white geese”[see Brachos 20b] due to having become accustomed to then being amongst us, and since they have become used to it, they have become used to it and may G-d bless us to see the joy of the coming of our Redeemer and the building of our holy temple.”
[25] See Pesachim 64b; 86a; 91a
[26] Igros Moshe O.C. 1:41
[27] See Om Ani Choma 2:23; Pardes Chabad ibid in length
[28] Sukkah 52
[29] Rambam Mishneh Torah Hilchos Lulav 8:12; Hilchos Beis Habechira 5:9; Pirush Hamishneh Midos 2:5; Meiri Sukkah 51b; Piskei Harid Sukkah 52 “And they blink with their eyes [at each other]”
[30] Igros Moshe O.C. 1:39
[31] Admur 529:13; Michaber 529:4; Rambam Hilchos Yom Tov 6:21
[32] Rambam Pirush Hamishnayos Sukkah 5:2; Tosafos Yom Tov on Sukkah 5:2; Piskei Harid Sukkah 52 “And they look at each other”
[33] Maharam Shick O.C. 77; Zichron Yehuda O.C. 72; Divrei Yoel O.C. 1:10 in great length; Tzitz Eliezer 7:8 in name of 70 Rabbanim; Rebbe in Igros Kodesh 7:309; 14:228; 19:73; 23:156; Otzer Hamelech 3:146; Shevet Halevi 1:29; Beir Moshe 4:147; Mishneh Halachos 7:12
[34] Igros Moshe O.C. 1:39 based on the fact that originally in the temple the women were on the inside and the men were on the outside, and could see the women through the gates, and nonetheless it was viewed as a valid Mechitza, until they noticed that it brought intermingling. Hence, we see that mere prevention of site of a woman is not the reason behind the Mechitza.
[35] Meiri Beis Habechira Sukkah 52a; This follows the simple wording of the Talmud Sukkah ibid that it was done to prevent “Kalus Rosh”
[36] Igros Moshe O.C. 1:39
[37] Igros Moshe O.C. 1:39
[38] Chasam Sofer C.M. Hashmatos 190; Igros Kodesh 10:394; See Vayan Yosef O.C. 1:58
[39] See Divrei Yoel O.C. 10 in great length in negation of the opinion of the Igros Moshe ibid; Likkutei Minchas Yitzchak 14; Tzitz Eliezer 7:8; Mishneh Halachos 7:12; Piskeiy Teshuvos ibid; Shulchan Menachem 1:106
[40] Igros Moshe O.C. 1:39
[41] See Divrei Yoel O.C. 10 in great length in negation of the opinion of the Igros Moshe ibid
Other opinions: Some Poskim negate this as being the reason behind the need for a Mechitza between men and women. [Igros Moshe O.C. 1:39]
[42] Rebbe in Igros Kodesh 7:309; 14:228; 19:73; 23:156; Otzer Hamelech 3:146
[43] Igros Moshe O.C. 1:39, 41-42 in negation of opinion that a Mechitza of ten Tefachim high and four Tefachim wide suffices [as is the law of a Mechitza by other Halachic matters]. This negated approach was seemingly the approach of Rav Y.B. Soloveichik, as brought in Mipinyanei Harav p. 46
[44] Igros Moshe O.C. 1:39, 41, 42; 2:40; 3:23-24
[45] The reason: As in their opinion, the main reason for the division is to prevent intermingling and not to block the view of the other gender. [Igros Moshe O.C. 1:39]
[46] See Divrei Yoel O.C. 10 in great length in negation of the opinion of the Igros Moshe ibid; Kaneh Bosem 2:9; Piskeiy Teshuvos ibid; All Poskim who rule the purpose of the Mechitza is to block the sight of the women: Maharam Shick O.C. 77; Zichron Yehuda O.C. 72; Divrei Yoel O.C. 1:10 in great length; Tzitz Eliezer 7:8 in name of 70 Rabbanim; Rebbe in Igros Kodesh 7:309; 14:228; 19:73; 23:156; Otzer Hamelech 3:146; Shevet Halevi 1:29; Beir Moshe 4:147; Mishneh Halachos 7:12
[47] Igros Kodesh 7:309; 14:228; 23:156; Otzer Hamelech 3:146
[48] Igros Kodesh 7:309; 23:156
[49] Kaneh Bosem 2:9
[50] See Igros Kodesh 14:228 for a similar response of the Rebbe, although to note that there it refers to a Mechitza that does reach head height of those women present, but not of all women, as explained in Pardes Chabad ibid
[51] See Igros Kodesh 23:156
[52] See Kiddushin 81a and Rashi ibid [brought in source #3]; Seridei Eish 1:77; Shevet Halevi 8:281; See Hiskashrus 588:11 that according to the Sefer Chassidim that the intermingling itself is forbidden, perhaps having separate seating suffices and having actual dividers is not necessary. However, according to the Sefer Minhagim Tirana, it is clear that a blocking divider is necessary
[53] Igros Kodesh 7:309; Shevet Haleivi 1:29; Divrei Yisrael, brought in Taharas Yom Tov 3:28; Tiferes Naftali 12; See Igros Moshe O.C. 1:43 that this is due to the fact that immodestly dressed women can be seen through it, and not due to an intrinsic prohibition. However, according to the opinions that require a Mechitza in order to block the view of women, then it is most certainly invalid in its own right; See Admur 75:3; All Poskim who rule the purpose of the Mechitza is to block the sight of the women: Maharam Shick O.C. 77; Zichron Yehuda O.C. 72; Divrei Yoel O.C. 1:10 in great length; Tzitz Eliezer 7:8 in name of 70 Rabbanim; Rebbe in Igros Kodesh 7:309; 14:228; 19:73; 23:156; Otzer Hamelech 3:146; Shevet Halevi 1:29; Beir Moshe 4:147; Mishneh Halachos 7:12
[54] See Divrei Yoel O.C. 10 in great length in negation of the opinion of the Igros Moshe ibid; Piskeiy Teshuvos ibid; All Poskim ibid who rule the purpose of the Mechitza is to block the sight of the women
Other opinions: Some Poskim rule that a glass Mechitza is valid if the women are dressed modestly. [Igros Moshe O.C. 1:39]
[55] Igros Kodesh 7:309; 19:74
[56] Igros Moshe O.C. 1:43
[57] Igros Kodesh 23:156; See Shulchan Menachem 1:106 footnote 13 that prior to the high holidays of 1973 they were unable to get stained glass for the women’s balcony, and hence had a regular glass divider and the Rebbe stated he would not go down to pray in the shul unless this was fixed.
[58] See Shevet Haleivi 1:29; Divrei Yisrael, brought in Taharas Yom Tov 3:28; Tiferes Naftali 12
[59] Maharam Shick O.C. 77; Divrei Yoel O.C. 1:10; Igros Kodesh 7:309; Piskeiy Teshuvos ibid
[60] See Igros Moshe O.C. 1:42; Igros Kodesh 7:309; Arugas Habosem O.C. 26; Seridei Eish O.C. 14
[61] See Sukkah ibid in Source #2
[62] Shaareiy Teshuvah 153:27; Mamar Mordechai 3-4; Chad Vachalak 2:59
[63] Igros Moshe O.C. 1:39; Lev Avraham 1:135; See Rashi Kiddushin 81a “A place of gathering of groups of men and women, or for a Drasha or for a Chuppah”; HaPardes Rashi p. 72 “It is forbidden to gather women with men whether by a meal, or by dancing or by any matter, and rather men are to be alone and women are to be alone.”
[64] Igros Moshe O.C. 1:39
[65] Igros Moshe O.C. 1:39
[66] Igros Moshe O.C. 1:41 “In an area of gathering of Davar Reshus, I question whether there is a prohibition and I more lean to say that there is not”; Y.D. 4:24-3 “A wedding is a private event, and a Mechitza is only needed by a public event”; However, see Igros Moshe O.C. 1:39 in which he states that all areas designated for gathering require a Mechitza and does not differentiate between Reshus and Chova or Mitzvah, and only differentiates between Makom Kibbutz and non-Kibutz
[67] All Poskim who require a Mechitza by a wedding event, as explained in ??
[68] Igros Moshe O.C. 1:39
[69] Igros Moshe O.C. 5:12-2
[70] Igros Moshe Y.D. 4:24-3 “A wedding is a private event, and a Mechitza is only needed by a public event”
[71] Shaareiy Yitzchak of Rav Ratzabi
[72] Bnei Banim 1:35; See also Igros Moshe 1:39 for such a suggestion; Lev Avraham ibid who negates this approach; Seridei Eish 1:77
[73] Igros Moshe 1:39; All Poskim who require a Mechitza by a wedding event
[74] See Kiddushin 81a and Rashi ibid [brought in source #3]; Seridei Eish 1:77; Shevet Halevi 8:281; See Hiskashrus 588:11 that according to the Sefer Chassidim that the intermingling itself is forbidden, perhaps having separate seating suffices and having actual dividers is not necessary. However, according to the Sefer Minhagim Tirana, it is clear that a blocking divider is necessary
[75] Igros Moshe O.C. 1:39
[76] Seridei Eish 2:8 [1:77 in new edition];
[77] Igros Moshe O.C. 1:41 based on the law that the Passover lamb is to be eaten in a group, which contains men and women together and may not have any divider within the group, hence proving that meal gatherings do not require a Mechitza [see Pesachim 64b; 86a; 91a]; Possible implication of Bach E.H. 62 who records custom of men and women to be in same room by small Sheva Brachos meal
[78] Igros Kodesh 9:1; Letter printed in Shulchan Menachem 6:50 p. 224“That which you were told that the mixture of men and woman by a wedding meal only negates the saying of Shehasimcha Bimiono, and is not intrinsically forbidden, and those who are careful to have a divider is a mere act of piety which cannot be enforced on any, is absolutely preposterous. The entire reason for the negation of saying Shehasimcha Bimiono by a mixed wedding venue is because the evil inclination rules in that setting. Now, for whom amongst Israel is it permitted to allow the evil inclination to rule heaven forbid, and one should not lengthen an obvious matter.” Lev Avraham 1:135; HaPardes Rashi p. 72 “It is forbidden to gather women with men whether by a meal, or by dancing or by any matter, and rather men are to be alone and women are to be alone.” See regarding Shehasimcha Bimiono; Beis Shmuel 62:11; Bach E.H. 62; Sefer Chassidim 393 and 1120 regarding mixed seating; Sefer Haminhagim Tirana regarding lack of Mechitza; Kitzur SHU”A 149:1; M”B 415:2
[79] This is based on the law recorded that it was an obligation to appoint a police patrol by the holidays that to make sure that intermingling does not occur. [See Admur 529:13; Michaber 529:4; Rambam Hilchos Yom Tov 6:21]
[80] Lev Avraham 1:135; Om Ani Choma 23; See HaPardes Rashi p. 72 “It is forbidden to gather women with men whether by a meal, or by dancing or by any matter, and rather men are to be alone and women are to be alone.”
[81] Igros Moshe O.C. 5:12-2
[82] See Kiddushin 81a and Rashi ibid [brought in source #3]; Seridei Eish 1:77; Shevet Halevi 8:281; See Hiskashrus 588:11 that according to the Sefer Chassidim that the intermingling itself is forbidden, perhaps having separate seating suffices and having actual dividers is not necessary. However, according to the Sefer Minhagim Tirana, it is clear that a blocking divider is necessary
[83] See Chasam Sofer C.M. 190; Maharam Shick 77; Machaneh Chaim 3:10; Beis Hillel 104; Seridei Eish O.C. 14; Igros Moshe O.C. 1:39, 41, 42; 2:40; 109; 3:23-24; Divrei Yoel O.C. 10; Likkutei Minchas Yitzchak 14; Tzitz Eliezer 7:8; Mishneh Halachos 7:12; Piskeiy Teshuvos ibid; Igros Kodesh 7:309, 328; 14:228; 18:394; 19:74; 23:156; Shulchan Menachem 1:106; Likkutei Sichos 1:100; Toras Menachem 5714 2:190; Seder Kedushas Beis Hakneses for a compilation of Responsas from Gedolei Hador on this subject
[84] See Igros Moshe O.C. 1:39 and 41 who discusses the Biblical basis for this matter and that during Davening, in a Shul it is definitely a Biblical requirement; However, see Pardes Chabad ibid who argues this claim
[85] The source: This is learned from the womens balcony that was created in the Temple for the Simchas Beis Hashoeiva. [Igros Moshe O.C. 1:39; Igros Kodesh 7:328] The same likewise applies to a Shul which is a Mikdash Me’at and has a similar command of Kedusha, respect, and requirement of fear and negation of frivolity and lightheadedness. [Igros Moshe O.C. 1:39] Furthermore, if even by the Temple where miracles took place a Mechitza was needed, all the more so in other places, and after the exile and in our orphaned generation, is a Mechitza necessary. [Igros Kodesh 7:328] Furthermore, it is necessary for the sake of increased concentration, which is a necessary component in prayer. [Chasam Sofer C.M. 190; Igros Kodesh 18:394]
[86] The history: For the history of Mechitzos in Shul, and the change made by the reform movement, see article of Rav Oberlander
[87] See Likkutei Sichos 1:100; Toras Menachem 5714 2:190; Igros Kodesh 23:254
[88] See Beis Hakenses Kehalacha [Shmueli] chapter 33
[89] Igros Kodesh 15:269
[90] Shut Bris Yaakov 1:8; See regarding women coming to Shul to Daven: Sotah 22a; Yerushalmi Sotah 1:4; Nedarim 23a; Rama and Admur O.C. 88:1; C.M. 35:14; Admur Seder Birchas Hanehnin 13:3 “Beis Hakeneses Shel Nashim”
[91] See Shut Bris Yaakov 1:8; Aderes Tiferes 2:2 p. 6; Divrei Yatziv E.H. 35
[92] See Arugas Habosem O.C. 26; Igros Moshe O.C. 1:39; Mishnas Yosef Hilchos Beis Hakenses 20; Shulchan Hatahor 24:15; Maharitz Dushinsky 1:11; Piskeiy Teshuvos ibid; Halacha Berurah 107:7
[93] Maaneh printed in Choveres Hivsvadyus Parshas Reih 5772:13
[94] Igros Moshe O.C. 5:12-1
[95] The reason: As a Mechitza was only required in areas of public gathering
[96] The reason: As it is a private area, and is not meant for the gathering of both men and women, and such Minyanim are catered only for men.
[97] Igros Moshe 5:12-1
[98] Takanos Gedolei Hador by Asifa in Levov 5626 that those who make see through Mechitzas one may not Daven in such Shuls even on Yom Kippur and even if he must Daven Beyechidus the remainder of the year; Machaneh Chaim 3:10; Piskeiy Teshuvos ibid; Beis Hillel 104; Igros Moshe O.C. 4:91-6; See Igros Kodesh 22:425; 25:25; Igros Kodesh Raytaz 8:94-95; See Vayaan Yosef O.C. 1:55-2; 3:351 and Mahariy Shteif 136 that one may Daven there when the women are not present, however, seemingly this does not refer to a conservative or reform congregation by which the prohibition always applies
[99] Igros Kodesh 23:156
[100] Igros Moshe 5:12-2
[101] Piskeiy Teshuvos 75:8 in citation of Teshuvah Meahava 2:229
[102] Sefer Hasichos 5749 p. 5 footnote 25; Toras Menachem 5749 1:39 footnote 25
[103] Pardes Chabad ibid
[104] See Maharahm Brisk 2:70 that even though in his opinion it is permitted to Daven in their presence, nevertheless, they are not to be brought to Shul when dressed immodestly.
[105] Shaarei Rachamim 8:26; Piskeiy Teshuvos 669:1; Nitei Gavriel 94 footnote 17; Or Yisrael Gilyon 23:249
[106] Vayan Yosef 1:59; So is proven from the original Takana of having Hakafos by the Simchas Beis Hashoeiva in the Temple
[107] See Seridei Eish O.C. 2:8; Igros Kodesh 25:2; Igros Moshe Y.D. 1:137
[108] The reason: As it is a private area, and is not meant for the gathering of both men and women, and such Minyanim are catered only for men.
[109] Heard from Rabbanei Anash; See Rav SZ”A in Aleihu Lo Yibol 1:246; Toras Yekusiel Kama 31; See Admur 315:3 regarding having a Mechitza during a Torah Shiur; See Hiskashrus 588 for a thorough analysis on the concept of a Mechitza and when it is required.
[110] As we rule regarding a Shiur, and certainly regarding the Mitzvah of Megilas Esther
[111] Seemingly, one may be lenient in a time of need to suffice with separate seating being that it is not an actual Minyan of Davening; See Hiskashrus ibid in name of Rav Y.L. Groner that Avraham Fried was told by the Rebbe to only agree to give a concert if the men and women were on different sides.
[112] See Hiskashrus ibid that Rav Chadakav told Rav Ginzberg not to be fanatical and that if he is invited to speak in front of a modern or non-religious mixed crowd he is not to refrain from going. However, it is not clear if this was a directive from the Rebbe or his own personal answer. [ibid]
[113] See Igros Moshe 1:41; Y.D. 4:24-3; Yabia Omer E.H. 3:19; Bnei Banim 1:35; Shulchan Menachem 6:50; Pardesh Chabad ibid; Hiskashrus 588
[114] Rashi Kiddushin 81a “A place of gathering of groups of men and women, or for a Drasha or for a Chuppah”
[115] See Kiddushin ibid and Rashi ibid; Seridei Eish 1:77
[116] Kesav Sofer E.H. 47
[117] Beis Shmuel 62:11 regarding same room; Bach E.H. 62 regarding same room; Sefer Chassidim 393 and 1120 regarding mixed seating; Sefer Haminhagim Tirana regarding lack of Mechitza which allow men and women to see each other; Kitzur SHU”A 149:1; M”B 415:2
[118] See HaPardes Rashi p. 72 “It is forbidden to gather women with men whether by a meal, or by dancing or by any matter, and rather men are to be alone and women are to be alone.”; Kitzur SHU”A 149:1 “One needs to beware that men and women do not eat in the same room”; Lev Avraham 1:135; Teshuvos Vehanhagos 651; Om Ani Choma 1:24 in name of 34 Gedolei Yerushalayim in 1926; Igros Kodesh 9:1, printed in Shulchan Menachem 6:50, Shidduchin Unissuin p. 151; Likkutei Sichos 9:333; Letter printed in Shulchan Menachem 6:50 p. 224“That which you were told that the mixture of men and woman by a wedding meal only negates the saying of Shehasimcha Bimiono, and is not intrinsically forbidden, and those who are careful to have a divider is a mere act of piety which cannot be enforced on any, is absolutely preposterous. The entire reason for the negation of saying Shehasimcha Bimino by a mixed wedding venue is because the evil inclination rules in that setting. Now, for whom amongst Israel is it permitted to allow the evil inclination to rule heaven forbid, and one should not lengthen an obvious matter.”; Hiskashrus 588:11; This obligation, is similar to the law recorded that it was an obligation to appoint a police patrol by the holidays that to make sure that intermingling does not occur. [See Admur 529:13; Michaber 529:4; Rambam Hilchos Yom Tov 6:21]; Yabia Omer E.H. 3:19 that initially one should have a Mechitza by a wedding; Bnei Banim 1:35 in his first approach rules that while mixed seating is forbidden, separate seating without a Mechitza is permitted
Other opinions: Some Poskim argue that even according to the above opinion of the Bach, one can say that there is no prohibition in the mixed seating, as they only negate the saying of Shehasimcha Bimiono, and if indeed the mixed seating itself was intrinsically prohibited, then why didn’t they scream against it and protest its occurrence in their city. Likewise, one can argue that even according to the Sefer Chassidim that the intermingling itself is forbidden, perhaps having separate seating suffices and having actual dividers is not necessary. However, according to the Sefer Minhagim Tirana and Beis Shmuel ibid, it is clear that a blocking divider is necessary. [See Hiskashrus 588:11; Bnei Banim 1:35]
[119] Levush O.C. Vol. 2 [Levush Hachor] Minhagim 36 [end of Sefer, last Halacha], brought in Pischeiy Teshuvah E.H. 62:18, in possible defense of the custom to be lenient, after quoting the Sefer Chassidim ibid he concludes “today we are no longer accustomed to be careful in this, and possibly the reason for this is because today’s women are much more accustomed to be found amongst men, and hence there is not as much sinful thought caused by this, as we consider them like a “white geese” [see Brachos 20b] due to having become accustomed to then being amongst us, and since they have become used to it, they have become used to it and may G-d bless us to see the joy of the coming of our Redeemer and the building of our holy temple.” [See Hiskashrus 588:11 that perhaps even the Levush ibid only referred to a small Sheva Brachos meal, but not to a Wedding meal]; Beis Meir E.H. 62; Igros Moshe O.C. 1:41 “I question whether there is a prohibition and I more lean to say that there is not”; Y.D. 4:24-3 “A wedding is a private event, and a Mechitza is only needed by a public event”; Yabia Omer E.H. 3:19 that although initially one should have a Mechitza by a wedding, nonetheless, Bedieved one may rely on the Heter of the Levush; Bnei Banim 1:35 in length who proves that a Mechitza is not required although in his first approach rules that mixed seating remains forbidden, although in his final approach he concludes that even this is not a clear prohibition; Other opinions brought above regarding a Mechitza even though they agree Shehasimcha Bimiono should not be said
[120] The reason: As in today’s times men are very accustomed to being around women and hence are not led to sinful thoughts as a result of seeing them, and hence Shehasimcha Bimiono may be recited even by a mixed crowd. [Levush ibid] Alternatively, independent of the above, a Mechitza is not needed by a wedding being that it is only required by a public event, while a wedding is a private event, and is similar to the Pesach sacrifice meal which had to be eaten in a group of men and women without a Mechitza dividing them. [Igros Moshe ibid]
[121] Levush ibid that the custom is to be lenient [See, however, Hiskashrus 588:11 that perhaps even the Levush ibid only referred to a small Sheva Brachos meal, but not to a Wedding meal]; See Igros Kodesh 9:1, printed in Shulchan Menachem 6:50, “I am aware that there are many weddings that have unfortunately taken place without a Mechitza between the men and women, even amongst the Orthodox. However, I also know of the great Tzaros that have come as a result of this.”; Bnei Banim 1:35 that many Gedolei Yisrael attended weddings in which the men and women sat on different tables without a Mechitza; Teshuvos Vehanhagos 651 that so is done in Johannesburg and New York, and many of the Rabbanim join the Chasanas in both cities and some even do so by their own weddings
[122] Om Ani Choma 1:24; Igros Kodesh 9:1, printed in Shulchan Menachem 6:50, “I have heard that your family opposes having the wedding of your daughter and Chasan in accordance to the rulings of the Shulchan Aruch which requires there to be a Mechitza between the men and women……..The Shulchan Aruch sets the rule that a wedding must be done with a Mechitza” and in footnote 1 “Regarding what the Levush wrote that in today’s times we view the woman like a white geese….. Due to our great sins we see that nowadays this is not the case”; Letter printed in Shulchan Menachem 6:50 p. 224
The reason: As today’s women dress more attractive and less modestly than in previous times. Likewise, in previous times the weddings were small family functions, unlike today. [Om Ani Choma 1:24]
[123] Yabia Omer E.H. 3:19 that although initially one should have a Mechitza by a wedding, nonetheless, Bedieved one may rely on the Heter of the Levush; Lev Avraham 1:135 regarding separate seating without Mechitza; Bnei Banim 1:35 even by mixed seating; Sova Semachos 4:15; See Hiskashrus 588:11
Mixed seating wedding: Some Poskim rule that even Bedieved it is forbidden to attend a wedding with both men and women sitting on the same table. [Lev Avraham 1:135; Teshuvos Vehanhagos 651] However, see Bnei Banim 1:35
[124] See Sefer Chassidim 393
[125] See Igros Kodesh 9:1, printed in Shulchan Menachem 6:50, in great length for strong worded letter in which the Rebbe tries to influence the parents of a couple to agree to have a Mechitza by their children’s wedding and how doing so is connected with the blessing of G-d for the successfulness of the marriage.
[126] Igros Kodesh 9:1, printed in Shulchan Menachem 6:50, “I am aware that there are many weddings that have unfortunately taken place without a divider between the men and women, even amongst the Orthodox. However, I also know of the great Tzaros that have come as a result of this.”
[127] Binyamon Zev 305; Rashal in Yam Shel Shlomo Gittin 81:18; Shaareiy Teshuvah 529; Otzer Haposkim 21:5; Shulchan Haezer 9:2-6; Zichron Yosef; M”B 415:2; Minchas Yitzchak 5:99-1;Igros Moshe O.C. 2:30; E.H. 1:97; Divrei Yoel 121-122; Igros Kodesh 23:126; 27:420, printed in Shulchan Menachem 6:50 p. 224; Igros Kodesh Rayatz 12:218; This is based on the law recorded that it was an obligation to appoint a police patrol by the holidays that to make sure that intermingling does not occur. [See Admur 529:13; Michaber 529:4; Rambam Hilchos Yom Tov 6:21] See regarding that any touch of affection to an Erva, such as hugging and kissing, is a Biblical prohibition and is a negative command that carries the penalty of lashes: Michaber E. H. 21:1; Admur Y.D. 184:6 in name of Bach; Shach 157:10; Rambam Issurei Biyah 21 and Minyan Hamitzvos 353, brought in Shach Y.D. 157:10; 195:20 and Beis Shmuel E.H. 20:1 and Beis Yosef 195; So also rules Ran and Nemukei Yosef end of Sanhedrin Perek Ben Sorer Umorer; Semag Lavin 126; Sefer Hachinuch Mitzvah 188; Harav Lion in Sefder Megillas Esther p. 118
[128] Igros Kodesh 27:420, printed in Shulchan Menachem 6:50 p. 224
[129] Binyamon Zev 305; Otzer Haposkim 21:5; Shulchan Haezer 9:2-6; Seemingly, so is proven from the separation in the Temple by the Simchas Beis Hashoeiva
[130] The original debate was not regarding the wedding meal per se but rather regarding any Sheva Brachos meal and if the blessing of Shehasimcha Bimiono may be recited. Hence, the conclusions brought above regarding the wedding meal should apply likewise regarding any of the Sheva Brachos meal.
[131] See however Hiskashrus 588:11 that perhaps even the Rebbe only referred to a wedding meal, but not to a small Sheva Brachos meal by which one can rely on the Levush ibid
[132] Shevet Halevi 8:281; See Hiskashrus 588:11 that according to the Sefer Chassidim that the intermingling itself is forbidden, perhaps having separate seating suffices and having actual dividers is not necessary. However, according to the Sefer Minhagim Tirana, it is clear that a blocking divider is necessary
[133] Yabia Omer E.H. 3:19 that although initially one should have a Mechitza by a wedding, nonetheless, Bedieved one may rely on the Heter of the Levush; Lev Avraham 1:135 regarding separate seating without Mechitza; Bnei Banim 1:35 even by mixed seating; Sova Semachos 4:15; See Hiskashrus 588:11
Mixed seating: Some Poskim rule that even Bedieved it is forbidden to attend a wedding with both men and women sitting on the same table. [Lev Avraham 1:135; Teshuvos Vehanhagos 651] However, see Bnei Banim 1:35
[134] See Rama 264:1 regarding woman not being a Sandek; Maharil Hilchos Mila 22 in name of Maharam; Tashbeitz Katan 397; Pischeiy Teshuvah Y.D. 289:4
[135] See Or Yisrael Gilyon 23 end of page 248
[136] The Rebbe’s position: Rabbi Groner relates that he had did not hear anything directly from the Rebbe regarding whether a Mechitza is necessary by community meals.
[137] Igros Moshe O.C. 1:41 “In an area of gathering of Davar Reshus, I question whether there is a prohibition and I more lean to say that there is not”; Y.D. 4:24-3 “A wedding is a private event, and a Mechitza is only needed by a public event”; However, see Igros Moshe O.C. 1:39 in which he states that all areas designated for gathering require a Mechitza and does not differentiate between Reshus and Chova or Mitzvah, and only differentiates between Makom Kibbutz and non-Kibutz
[138] See Hiskashrus 588:11;
[139] So ruled to me: Rav Eli Landa Shlita; Rav Michael Avishad; Rav Shaya Braun; Rav Yosef Simcha Ginzberg; Rav Aaaron Yaakov Shwei
[140] Rabbi Groner relates that Rav Michael Teitelbaum of Ohalei Torah was the only one he remembers was particular to have a divider by the dinner for the Yeshiva Ohalei Torah
[141] Lev Avraham 1:135
[142] Response of Rebbe to Mosad, brought in Devar Melech p. 127 “why push away a definite matter of fear of heaven of all those present due to a question about money of the few individuals”
[143] See Pesachim 64b; 86a; 91a that the law is that it is forbidden to have a Mechitza present between the group of people who would eat the Pesach sacrifice on the night of Pesach.
[144] See Igros Moshe Y.D. 4:24-3 “A Mechitza is only needed by a public event”; Bnei Banim 1:35; Shiur of Rav Ratzabi as those present have no connection with each other and are each there for their own purpose.
[145] The reason: As the obligation for a Mechitza only applies when the men and women gather for the same event, and hence there is connection between them, and not when they simply happen to be in the same room or space, each for their own purpose. Hence, a Mechitza is not required on a bus, train, plain, restaurant, or hotel lobby and dining hall. [Shaareiy Yitzchak of Rav Ratzabi]
[146] Other opinions: See Om Ani Choma 1:23 who recommends making a Mechitza between the families in the dining room.
[147] See Igros Moshe Y.D. 4:24-3 “A Mechitza is only needed by a public event”; See Hiskashrus 588:11;
[148] Otzer Hageonim on Sukkah 52 p. 70
[149] See Sova Semachos 4:15; Shulchan Aruch Hamekutzar 6:201 footnote 66
[150] See Mur Uketzia O.C. 193:4
[151] Admur 315:3 “Such as a Divider that is made at the time of the Drasha to divide between men and women”; Rama 315:1; Taz 315:1; Rashi Kiddushin 81a; Mordechai Shabbos 3 Remez 311; M”B 315:5; Igros Moshe O.C. 5:11 that from the letter of the law a Mechitza is required if it is a Shiur open to the public; 5:12-3; Igros Kodesh 14:445; 26:70; Yagdil Torah Yerushalayim Choveres 11:18; Devar Halacha 15:13; See Shulchan Menachem 5:80; Pardes Chabad 16:69; Hiskashrus 645; Kefar Chabad Vol. 1050 p. 37; Tiferes Adam 3 E.H. 10; Minchas Yitzchak 2:20 in name of Toras Moshe of Alshich end of Kedoshim
Other opinions: Some Poskim rule that from the letter of the law, it is permitted to have a shiur without a Mechitza between the men and woman side, and the above sources which record such a concept are merely recording an act of piety. [Seridei Eish 2: 8 [1:77 in new edition] that separate seating suffices without a divider; See also Derech Pikudecha Miztvah 35; Shearim Hametzuyanim Behalacha on Kitzur SHU”A 149a; Sheiris Yisrael E.H. 8]
[152] See Rashi Kiddushin ibid; Seridei Eish 1:77
[153] Opinion of Rebbe brought next; Igros Moshe O.C. 5:11; Rav SZ”A in Aleihu Lo Yibol 3:224; See other opinions above that a divider is not required, and in a time of need one may rely on this opinion
[154] See Shulchan Menachem 5:80; Pardes Chabad 16:69; Hiskashrus 645; Kefar Chabad Vol. 1050 p. 37
[155] Igros Kodesh 26:70 in response to Tzach who wanted to give a Torah lesson without a Mechitza in a certain Kibutz due to the demands of the Kibutz, to which the Rebbe replied that the source for requiring a Mechitza is in Halacha as they themselves stated to the Kibbutz leaders, and hence how can they go back on something in Halacha.
[156] Igros Kodesh Vol. 14:445
[157] Rebbe in Yagdil Torah Yerushalayim Choveres 11:18, printed in Shulchan Menachem ibid, “due to the special conditions in communist Russia, I am inclined to be lenient to allow women to join men classes.”; See also Morah Lador Navuch 2:128
[158] See Om Ani Choma 1:24 and Igros Moshe Y.D. 137 that even small children should not be together with the opposite gender
[159] Igros Moshe ibid debates this matter and concludes that it is seemingly Biblical
The reason: As one is biblically required to be in a state of fear of heaven during service of G-d, and anything which leads to lightheadedness is forbidden biblically.
[160] Michaber 359:1
[161] See Michaber 359:1; Admur Shemiras Haguf 10; Mavor Yabok Sifsei Rinanos 10; Nitei Gavriel 65:1
[162] Michaber 359:1
[163] Beis Hillel 359 in his understanding of Michaber 359:2; Mavor Yabok Sifsei Rinanos 10 that so is custom of some communities; Teshuvah Meahava 3:359; Nehar Mitzrayim 44; Eretz Chaim 359; See glosses of Beis Lechem Yehuda; Shevet Halevi 2:212; Nitei Gavriel 68:2
[164] So is the widespread custom today, Vetzaruch Iyun, as it is clear from Eretz Chaim ibid as well as Gesher Hachaim that women would attend the funeral.
[165] Eretz Chaim ibid in name of Vayikra Avraham p. 126 that “In Tzefas the custom is that the women do not attend the funeral at all, not in front of the body or behind it, and even the women who are standing outside enter their homes while the body is being carried.”
[166] Beis Hillel 359; See Halacha 4!
[167] Igros Kodesh 31 printed in Shulchan Menachem 5:265 in reply to Rav Ushpal’s suggestion of banning women from attending funerals that “This is not the custom in Chabad and that he should not enter such Chumros into Chabad”
[168] Rav Leibel Groner in reply to the author
[169] Rav Leibel Groner ibid; See Mavor Yabok ibid “The widespread custom in all of Eretz Yisrael that at first the men go, and they appoint guards to prevent any of the women from passing until all the men leave. After the burial, the women remain there for approximately 15 minutes until all the men have left.”
[170] Michaber 359:2; Shach 359:2; See Beis Hillel 359; Gesher Hachaim; Nitei Gavriel 68:5
[171] So understands Shach ibid in Michaber ibid, in order to avoid a contradiction between Michaber 359:1 and 2. However, Beis Hillel 359 understands that Halacha 1 refers to the Talmudic law, while Halacha 2 refers to the Zoharic ruling, which is that the women are not to attend the funeral at all, even prior to the burial
[172] The reason: As doing so causes danger to the world. [Shach ibid]
[173] Beis Hillel 359; See Halacha 4!
[174] Beis Lechem Yehuda 359 in name of Beis Yaakov
[175] Rav Leibel Groner and Rav Eliyahu Landau in reply to the author
[176] Rabbanim and Poskim ibid
[177] Admur Shemiras Guf Vinefesh Halacha 10; Brachos 51a; Mavor Yabok Sifsei Rinanos 10; See Shach 359:2; Nitei Gavriel 68:2
[178] The reason: As the angel of death dances and walks in front of the women, and he has permission to cause them damage, as he ascends and prosecutes and descends and takes another life. [Admur ibid; Gemara ibid; Zohar Vayakhel 196]
[179] Admur ibid “And the same applies when they are escorting the body”; See Y.D. Michaber 359:2 “Women are to be prevented from entering the cemetery by a funeral.”; Shach 359:2 “If the women follow after the dead in the cemetery by the funeral, they cause evil to the world Ch”v”; The Poskim learn that the main prohibition and danger is specifically when the women return from the burial, although it also slightly applies during the funeral. [See Kitzur SHU”A 198:10; Poskim in Nitei Gavriel 68 footnote 9]
[180] Daas Kedoshim 343:3; Nitei Gavriel 68:6
[181] Beis Lechem Yehuda 359 in name of Beis Yaakov 72; Nitei Gavriel 68:5
[182] This implies that after the funeral one should not stand in front of the women, whether he is facing them, or walking in front of them with his back to their faces. This is different than the law of women during the funeral, in which the only restriction is to see them face to face, however, one may walk in front of them, with ones back to their face.
[183] Admur ibid does not differentiate between the two; See also Poskim in Nitei Gavriel 68:7 footnote 14
[184] Mavor Yabok Sifsei Rinanos 10 “The widespread custom in all of Eretz Yisrael that at first the men go, and they appoint guards to prevent any of the women from passing until all the men leave. After the burial, the women remain there for approximately 15 minutes until all the men have left.”
[185] Admur ibid; Zohar ibid; Poskim in Nitei Gavriel 68:4 footnote 11
[186] Admur ibid; Zohar ibid; Poskim in Nitei Gavriel 68:4 footnote 11
[187] Igros Moshe 5:12-1
[188] Response of Rebbe to the famed singer Avraham Fried, that he may not agree to a concert with mixed seating as doing so is a definite prohibition. [Related by Rabbi Groner]
[189] Shaareiy Yitzchak of Rav Ratzabi
[190] Rav Moshe Bogolmisky; Rav Gavriel Tzinner; Rav Levi Bitritzky; Rav Moshe Landa; Rav Y.Y. Yeruslavsky; Rav Y.S. Ginzberg; Rav Yekusiel Farkash; Rav Nachman Sudak; Vaad Rabbanei Lubavitch;
[191] So is implied from Miseches Sukkah regarding the inner rooms of the Sukkah of Hilni the Queen which were made for Tzenius purposes; M”A 634:1 regarding a corner
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