The prohibition of Cross-dressing – Lo Silbash

* This article is an excerpt from the above Sefer

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Cross-dressing-Lo Silbash:[1]

  1. The prohibition:

A woman may not wear the clothing of a man, such as to place on herself a male turban, or male hat, or wear a shield and the like. She may likewise not get a male haircut. Likewise, a man may not wear the clothing of a woman, such as to wear colored female clothing, or a gold necklace, in those areas that these clothing and ornaments are only worn by women.[2] The general rule is, any clothing that is customarily worn in one’s area by only one gender, is forbidden to be worn in that area by the opposite gender.[3] [Thus, in most areas of the world, it would be forbidden for men to wear a skirt. However, in Scotland, it would be permitted to wear kilts.] One who transgresses the above, transgresses a Biblical negative command and is liable for lashes.[4]

Wearing a single garment of the opposite gender:[5] It is forbidden to wear even a single garment of the opposite gender, even though one’s gender remains recognizable due to other clothing that he is wearing. [One who transgresses the above, transgresses a Biblical negative command and is liable for lashes.[6]]

Tumtum/Androgynous:[7] It is forbidden for a Tumtum or Androgynous to dress like a woman. [It is, however, also forbidden for them to shave their hair like a man.[8]]

 

The reason behind the prohibition:[9]

Two reasons are recorded in Rishonim:

·         Some[10] write the reason behind this prohibition is because cross-dressing leads to promiscuity.

·         Others[11] write the reason is because idolaters practiced cross-dressing. 

Q&A

Does the prohibition against cross-dressing apply even if someone else places the clothing on oneself?[12]

Yes. This prohibition applies even if a gentile places the clothing on him.

 

Does the prohibition against cross-dressing apply even if one plans to remove the clothing right after trying them on?[13]

Yes. The prohibition applies even against wearing the clothing of the opposite gender for a mere moment.

 

May one cross-dress in the privacy of his room, not in the view of others?[14]

No.

 

May one wear under clothing of the opposite gender that is not apparent to outside view?[15]

No. A Rabbinical prohibition applies even if people cannot see that one is wearing the clothing of the opposite gender.

 

May one wear clothing of the opposite gender in an irregular way, such as to wear a woman’s blouse around his neck as a scarf?[16]

This matter requires further analysis. Practically, one is not to do so unless he is cold and the like.

 

May one wear his wife’s socks or undershirts if he desires?

One may do so for clothing purposes if he does not have any socks, or undershirts available. It is forbidden to do so for purposes of appearing like a woman.

 

If one realized that he wore his wife’s sock or undershirt, must he remove it?

If one is unable to change into other clothing, it is permitted to remain wearing it.[17] If, however, one is able to change into men’s socks or undershirt, then he is to do so.

 

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[1] Yoreh Deah 182:5; Rambam Avodas Kochavim 12:10; Nazir 59a; Parshas Ki Seitzei “Lo Yihyeh Keli Gever..” “Lo Yilbash Gever Simlas Isha”

[2] Michaber ibid

[3] Rama 182:5

[4] Taz 182:6; Chinuch Mitzvas 542 [women cross-dressing] 543 [Men cross-dressing]; Rambam Sefer Hamitzvos Mitzvah 40; In Hilchos Avodas Kochavim it is listed as two Mitzvos;

[5] Rama ibid; Chochmas Adam 90:1

[6] Taz 182:6

[7] Rama ibid

[8] Shach 182:8; Kol Bo; Rambam

[9] See Arugas Habosem 138:4

[10] Chinuch Mitzvas 542-543; Rashi Dvarim 22:5; See Nazir 59a that it is a Toeiva

[11] Rambam Moreh Nevushim 3:37, brought in Chinuch ibid

[12] Maharsham 2:243

[13] See Minchas Chinuch 543:1 that one who cross-dresses and was warned many times while wearing it, is liable for lashes each time he was warned, just like the law by Kilayim, and by Kilayim it is forbidden to wear it for even a mere moment. [Rambam Kilayim 10:30]

[14] Minchas Yitzchak 2:108-3; Betzeil Hachochma 5:126

[15] See Beis Yosef 182 that if the clothing are “concealed from the eye, then even though they are different between a man and a woman, since they are not apparent to the outside, they are not included in the Biblical prohibition” as they cannot lead towards an abomination”; See however Ohel Yaakov 182:20 that many Achronim are stringent in this matter that it is nevertheless Rabbinically forbidden.

[16] See Betzeil Hachochma 5:126 for an analysis on this subject

[17] As he has no intent to look like a woman by wearing it in order.

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