The events in which a Mechitza is required

2. The events in which a Mechitza is required:

A. The general rule:

Some Poskim[1] 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.[2] 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.[3]

Voluntary versus obligatory events: Some Poskim[4] 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[5] agree that it applies even by a voluntary event.

Events not intended for gathering:[6] 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.[7]]

Private event: Likewise, some Poskim[8] 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 C.

Gathering for purpose of event:[9] 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[10] 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[11] 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.[12]]

Mitzvah gathering: Some Poskim[13] rule that all events which are designated for the gathering of men and women require a Mechitza, including Mitzvah related events. Other Poskim[14], 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[15] rule that a Mechitza is not required by a meal gathering. Other Poskim^[16] rule a Mechitza is required even by a meal gathering, such as a wedding meal.[17] [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[18] 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:[19] 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[20] 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.

[1] 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.”

[2] Igros Moshe O.C. 1:39

[3] Igros Moshe O.C. 1:39

[4] 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

[5] All Poskim who require a Mechitza by a wedding event, as explained in C

[6] Igros Moshe O.C. 1:39

[7] Igros Moshe O.C. 5:12-2

[8] Igros Moshe Y.D. 4:24-3 “A wedding is a private event, and a Mechitza is only needed by a public event”

[9] Shaareiy Yitzchak of Rav Ratzabi

[10] 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

[11] Igros Moshe 1:39; All Poskim who require a Mechitza by a wedding event

[12] 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

[13] Igros Moshe O.C. 1:39

[14] Seridei Eish 2:8 [1:77 in new edition];

[15] 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

[16] 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

[17] 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]

[18] 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.”

[19] Igros Moshe O.C. 5:12-2

[20] 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