[Avodah] Halachic justification for short sleeves

[Moshe Feldman]

I wrote:
> The Gemara Kesubos 72b writes that a woman who knits in public and shows
> her elbows while doing so violates das yehudis.  

I did not correctly translate zero'a.  It means either arm or upper arm.

> I also note that Rashi Kesubos 72a explains "das yehudis" as "what women
> were noheg even though it's not written."  It would therefore make sense
> that das yehudis should be fluid and depend on the way women dress in any
> particular locale.  I admit that theoretically, one could argue that once
> something becomes das yehudis, it never loses that status, but from a
> historical perspective, such an argument would be hard to make
<snip>

The Maharam Alshaker (lived from 1466-1542) siman 35 writes that although
the gemara states "se'ar b'isha erva," this applies just to the hair that
women have a custom to cover, and therefore if a woman moves from a place
where women cover all their hair to a place where women leave hair hanging
out of "tzma'san" for the purpose of beauty ("l'hisna'os bo"), the woman may
follow the latter minhag (and, in fact, the Bais Yosef OC 75 cites the
Rashba stating that se'arah mi'chutz l'tzma'sa is permitted).  He cites the
Raavya that an unmarried woman is permitted to not cover her hair because
people are used to this, and se'ar b'isha erva applies only to hair which is
normally covered.  (This Maharam Alshaker is cited by the Magen Avraham and
Be'ur Halacha OC 75.)

Shu"t Yascil Avdi vol. 4 OC siman 9 uses this Maharam Alshaker, as well as
the Ben Ish Chai (Parshas Bo sections 10 and 12) and Shu"t Maharam Ben
Chaviv (no citation) to show that in a locale where women have the custom to
bare their arms (zero'a), yesh la'hem al mah lismoch.

The Lechem Chamudos (= Divrei Chamudos--see
http://www.daat.ac.il/encyclopedia/value.asp?id1=1112, written by the baal
Tosfos Yom Tov) on the Rosh in Berachos (3:116) is also cited as a basis for
being mekil.  He states that "kol makom u'makom l'fi minhago" with respect
to what is considered mekomos ha'mechusim, and specifically mentions zero'a
right before that comment, implying that the comment applies to zero'a as
well.  

I am told that Rav Aharon Lichtenstein paskens that the issue of short
sleeves depends on minhag, and where the minhag is to be meikil, one may do
so.

In contrast, Mishna Brurah 75:2,10 (citing Rokeach, Chayei Adam and Eliya
Rabba) says that it makes no difference whether it customary for women in
that locale to uncover their zero'a. Also, Yabia Omer OC 6:14(3) agrees with
the MB and disagrees with the proof that the Yascil Avdi brought from the
Ben Ish Chai.  (The Ben Ish Chai says that a woman who uncovers her breast
while breastfeeding is not considered to be showing erva.  ROY argues that
that is permitted because it is l'tzorech, but wearing short sleeves is not
l'tzorech.  I find that difficult--(1) she could always cover herself with a
blanket, so it's not really l'zorech; (2) in hot climates, wearing short
sleeves is l'tzorech; and (3) in any case, the case of breastfeeding shows
that there is a part of the body which for most people is considered erva
yet for some it is not if darka l'galos.)  This is also the position of the
Klausenberger Rebbe in Shu"t Divrei Yetziv EhE 37 (who focuses primarily on
the issue of whether shok is until the knee or the bottom of the leg).

The idea that the upper arm is not objectively erva makes sense to me.  When
I lived in America, my very tzniusdik Christian secretary (who told me that
she often shops in heimishe clothing stores so as to get modest clothing)
would wear short sleeves, yet seemed more modest to me than many frum women.

(Note that I don't have personal negios here, as my wife is makpidah to
cover her elbows.  I was simply writing this in response to a comment I had
made on Areivim regarding some women in Gush Etzion who cover their hair but
wear short sleeves.)

Kol tuv,
Moshe