Thursday, December 24, 2015

A Touchy Question

Rav Menashe Klein - Shaking Hands With Women - Permissible on the Grounds of Malbim Pnei Chaveiro and Derech Chiba?

In Mishneh Halachos (6:223)  Rav Menashe Klein is asked about shaking hands with a woman who offers her hand and it would be embarrassing to her if rebuffed.  He says that the questioner maintains that although Rav Moshe Feinstein prohibited it even under these circumstances and he assurs it despite the fact some Bnei Torah are lenient in order not to embarrass the woman, claiming they heard this "heter" from a Rosh Yeshiva.

Rav Menashe Klein says that this is absolutely not a heter and should not be repeated even if it is true that a Rosh Yeshiva said it.  Not embarrassing someone is not a sufficient reason to be oveir an "Abizrahu D'Giluy Arayos"; an ancillary issur to illicit relationships.  With this nonsensical logic one can come to permit many issurim Chas V'Shalom.

The people who are Meikil to shake a woman's hand rely not on the above heter but rather on the Shach (YD 195:20) who brings the Rambam that says touching a woman is only assur if it is Derech Taava V'Chiba, in way that is based on attraction.  Rav Menashe Klein however disagrees with this heter and says that firstly many poskim hold like the Bais Yosef who disagrees with the Shach. Secondly the case of the Shach is a Doctor taking the pulse of a woman.  Since it is in the course of his professional duty the Shach is lenient.  In this case says Rav Menashe Klein, it is possible that even the Shach would prohibit it since although the intention is not Derech Chiba, the act is a cordial introductory act between the two participants and can lead to a relationship especially in the case of this particular aveira which has such a powerful affect on people.

He ends by saying that he who listens to this "Tavo Alav Bracha"!

revach.net

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Interesting: Some hold that it is יהרג ואל יעבור [such as the Chazon Ish] while others permit it completely [as was the custom in Germany ]. Big difference. 

There is a lot more to say and maybe in a future post. The more mundane requirements of life presently require my attention..... ה' ירחם!!:)