[Avodah] mechitza [was: heter mechira produce]

[Richard Wolpoe]

On 10/3/07, T613K at aol.com <T613K at aol.com> wrote:
>
>  From: David Riceman <driceman at att.net>
> >>I suspect this is a sociological phenomenon rather than a halachic one.
>
> One analogue in America is the elevation of mehitza in shul from a
> custom not even mentioned in Shulhan Aruch to the fourteenth ikkar,
> which distinguishes observant Jews from non-observant Jews. <<
>
> >>>>>
> Mechitza is only a "minhag"?  In Europe they didn't have mechitzos in
> shul?  Men and women sat together?  Or they sat separately but with no
> physical separation?
>
>
> *--Toby Katz
> =============*
>

I think the issue to which R. David Ricment refers is that Mehcitza is not
clearly codified in Tur/Shulchan Aruch etc. I see it as highly implicit
[mashma lehedya] in the Rambam hilchos 'Krias Shema" where he discusses the
erva of excrement and of nudity The Rambam cites the passuk lo yir'eh lecha
ervas davar.  However, Rambam does not seem to include this passuk in his
Taryag.  B"H I was learning Sefer Mitzvos Hashem and he brings down the SMAK
who indeed considers this passuk a d'orraisso. If the SMAK is normative - at
least in Ashkenaz - then any doubt would be  a s'feik d'orraisso..

There are indeed those people [inlcuding rabbis]  who consider a mechitza
only a Minhag .
IMHO this is misleading because - aisi al pi Rambam- you can ONLY make that
case if  all the women in shul are dressed  in something like Moslem
Burkas.  In a modern society that would be  virtually impossible.

-- 
Gmar Tov
Best Wishes for 5768,
RabbiRichWolpoe at Gmail.com
Please Visit:
http://nishmablog.blogspot.com/
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