[Avodah] Habituation

kennethgmiller at juno.com kennethgmiller at juno.com
Thu Feb 4 13:42:12 PST 2010


It is my understanding that the great majority of authorities (perhaps all of them) place very few (perhaps zero) restrictions on how a male doctor examines a female patient, even for routine checkups (and kal vachomer for a cholanis, and even more so for a cholanis sheyesh bah sakanah).

Am I correct in the above?

And if I am correct in the above, am I correct that the reason for such leniency is a presumption that the probability of the doctor getting significant (or any) hirhur or hanaah is negligible (or zero)?

If I am correct in all the above, then it seems that, despite protests to the contrary, habituation *IS* a widely (or universally) accepted heter for these halachos. And if so, then when someone says that he rejects the idea of leniencies based on habituation, what he really means is that for public policy reasons (RRW would probably call it a gezera), the leniencies of habituation must be restricted solely to doctors, and must not be extended to others.

Comments?

Akiva Miller

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