Having a Mechitza in a Shul- Part 1

B. 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]]

May one Daven in a Shul that does not have a Kosher Mechitza?[12] 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.[13]]

[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] 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

[13] Igros Kodesh 23:156