Having a Mechitza in a Shul- Part 2

If a woman enters the men’s section:[1] 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^[2] 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.^[3] Some suggest that one may be lenient until age nine, [depending on the girls mental and physical maturity].[4] From age three, it is forbidden for an immodestly dressed girl to be present in the men’s section.^[5]

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.^[6] However, some negate this custom.[7] [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.]

A temporary private Minyan:[8] By a temporary Minyan, there is no requirement for a Mechitza.[9] [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.[10]

Shiva Home: Some Poskim[11] 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].

Children’s Minyan:[12] 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.[13]

Megillah reading:^[14] 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.^[15] 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.^[16] 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.^[17]

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[1] Igros Moshe 5:12-2

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

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

[4] Pardes Chabad ibid

[5] 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.

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

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

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

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

[10] 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.

[11] Igros Moshe 5:12-1

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

[13] 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.

[14] 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.

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

[16] 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.

[17] 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]