In a Shul:[1]

It is a Biblical[2] requirement for a Shul to have a Kosher Mechitza set up between the men’s and women’s sections.[3] [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.[4] 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.[5]]

Must a Shul have a women’s section?[6] 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.[7] Having a women’s section in the synagogue, known as an Ezras Nashim, has been traditionally done for many generations.[8] 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.[9]

Women’s balcony; The ideal Mechitza:[10] 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.[11]]

A temporary private Minyan:[12] By a temporary Minyan, there is no requirement for a Mechitza.[13] [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.[14]

Shiva Home: Some Poskim[15] 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?[16] 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.[17]]

If a woman enters the men’s section:[18] 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^[19] 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.^[20] Some suggest that one may be lenient until age nine, [depending on the girls mental and physical maturity].[21] From age three, it is forbidden for an immodestly dressed girl to be present in the men’s section.^[22]

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.^[23] However, some negate this custom.[24] [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:[25] 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.[26]

Megillah reading:^[27] 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.^[28] 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.^[29] 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.^[30]

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[1] 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

[2] 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

[3] 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]

[4] The history: For the history of Mechitzos in Shul, and the change made by the reform movement, see article of Rav Oberlander

[5] See Likkutei Sichos 1:100; Toras Menachem 5714 2:190; Igros Kodesh 23:254

[6] See Beis Hakenses Kehalacha [Shmueli] chapter 33

[7] Igros Kodesh 15:269

[8] 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”

[9] See Shut Bris Yaakov 1:8; Aderes Tiferes 2:2 p. 6; Divrei Yatziv E.H. 35

[10] 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

[11] Maaneh printed in Choveres Hivsvadyus Parshas Reih 5772:13

[12] Igros Moshe O.C. 5:12-1

[13] The reason: As a Mechitza was only required in areas of public gathering

[14] 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.

[15] Igros Moshe 5:12-1

[16] 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

[17] Igros Kodesh 23:156

[18] Igros Moshe 5:12-2

[19] Piskeiy Teshuvos 75:8 in citation of Teshuvah Meahava 2:229

[20] Sefer Hasichos 5749 p. 5 footnote 25; Toras Menachem 5749 1:39 footnote 25

[21] Pardes Chabad ibid

[22] 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.

[23] Shaarei Rachamim 8:26; Piskeiy Teshuvos 669:1; Nitei Gavriel 94 footnote 17; Or Yisrael Gilyon 23:249

[24] Vayan Yosef 1:59; So is proven from the original Takana of having Hakafos by the Simchas Beis Hashoeiva in the Temple

[25] See Seridei Eish O.C. 2:8; Igros Kodesh 25:2; Igros Moshe Y.D. 1:137

[26] 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.

[27] 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.

[28] As we rule regarding a Shiur, and certainly regarding the Mitzvah of Megilas Esther

[29] 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.

[30] 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]