Shomer Negiah
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''Negiah'' (), In english: "
touch The somatosensory system, or somatic sensory system is a subset of the sensory nervous system. The main functions of the somatosensory system are the perception of external stimuli, the perception of internal stimuli, and the regulation of bo ...
", is the concept in Jewish law (
Halakha ''Halakha'' ( ; , ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws that are derived from the Torah, Written and Oral Torah. ''Halakha'' is ...
) that forbids or restricts sensual physical contact with a member of the opposite sex except for one's spouse, outside the
niddah A niddah (alternative forms: nidda, nida, or nidah; ''nidá''), in traditional Judaism, is a woman who has experienced a uterine discharge of blood (most commonly during menstruation), or a woman who has menstruated and not yet completed the ...
period, and certain close relatives to whom one is presumed not to have sexual attraction. A person who abides by this halakha is colloquially described as a ("one observant of "). The laws of are typically followed by strict
Orthodox Jew Orthodox Judaism is a collective term for the traditionalist branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as literally revealed by God on Mount Sinai and faithfully tran ...
s, with varying levels of observance. Some Orthodox Jews follow the laws with strict modesty and take measures to avoid ''accidental'' contact, such as avoiding sitting next to a member of the opposite sex on a bus, train, airplane, or other similar seating situations. Others are more lenient, only avoiding purposeful contact. Adherents of
Conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
and
Reform Judaism Reform Judaism, also known as Liberal Judaism or Progressive Judaism, is a major Jewish religious movements, Jewish denomination that emphasizes the evolving nature of Judaism, the superiority of its Jewish ethics, ethical aspects to its ceremo ...
do not follow these laws. Many Jews with Orthodox beliefs believe that there is extensive room for leniency and that strict adherence to these rules stunts development and prevents social success and ultimately undermines well-being . Others understand the rules as clearly referring to sensual touch.


Biblical prohibition and subsequent exegesis

The prohibition of is derived from two verses in Leviticus: "Any man shall not approach (לקרב ) his close relative to uncover nakedness; I am God" (18:6), and: "You shall not approach a woman in her time of unclean separation, to uncover her nakedness" (18:19). The first verse refers to incest, the second to sexual relations with a woman who is in niddah status due to
menstruation Menstruation (also known as a period, among other colloquial terms) is the regular discharge of blood and Mucous membrane, mucosal tissue from the endometrium, inner lining of the uterus through the vagina. The menstrual cycle is characterized ...
. Although the verses speak in the masculine gender, women are equally bound by these commandments. The
Sifra Sifra () is the Midrash halakha to the Book of Leviticus. It is frequently quoted in the Talmud and the study of it followed that of the Mishnah. Like Leviticus itself, the midrash is occasionally called Torat Kohanim, and in two passages ''Sifr ...
notes that these verses prohibit a man to "approach... to uncover nakedness", rather than simply prohibiting the "uncovering of nakedness", implying a separate prohibition of "approaching" even without sexual intercourse. Based on this, some
Rishonim ''Rishonim'' (; ; sing. , ''Rishon'') were the leading rabbis and ''posek, poskim'' who lived approximately during the 11th to 15th centuries, in the era before the writing of the ''Shulchan Aruch'' (, "Set Table", a common printed code of Jewis ...
view these verses as also prohibiting sexual touch (such as hugging and kissing) which falls short of sexual intercourse, including
Maimonides Moses ben Maimon (1138–1204), commonly known as Maimonides (, ) and also referred to by the Hebrew acronym Rambam (), was a Sephardic rabbi and Jewish philosophy, philosopher who became one of the most prolific and influential Torah schola ...
and the Semag, who note the consideration of whether the contact is done (דרך בה ואוה) in a affectionate orlustful manner. However
Nachmanides Moses ben Nachman ( ''Mōše ben-Nāḥmān'', "Moses son of Nachman"; 1194–1270), commonly known as Nachmanides (; ''Nakhmanídēs''), and also referred to by the acronym Ramban (; ) and by the contemporary nickname Bonastruc ça Porta (; l ...
considers the prohibition to be a rabbinic law not derived from scripture, and views the derivation from Leviticus 18:6 as an (a rabbinic prohibition with a biblical allusion) and not true
exegesis Exegesis ( ; from the Ancient Greek, Greek , from , "to lead out") is a critical explanation or interpretation (philosophy), interpretation of a text. The term is traditionally applied to the interpretation of Bible, Biblical works. In modern us ...
.


Which individuals does the law apply to?

The same actions are forbidden with a and with a forbidden close relative. During the niddah period, even non-affectionate touch between husband and wife is forbidden; however this is commonly referred to as a (הרחקה, "distancing") rather than a case of being . The laws do not prohibit touching certain close relatives to whom one is expected not to have sexual attraction: children, siblings, grandchildren, parents, and grandparents. Opinions differ on whether one may touch an adopted child of the opposite sex: R'
Eliezer Waldenberg Eliezer Yehuda Waldenberg (; December 10, 1915 – November 21, 2006) was a rabbi, posek, and dayan in Jerusalem. He is known as a leading authority on medicine and Jewish law and referred to as the Tzitz Eliezer after his 21-volume halachic tre ...
and R' Hayim David HaLevi permit, while R'
Menachem Mendel Schneerson Menachem Mendel Schneerson ( – June 12, 1994; Anno Mundi, AM 11 Nissan 5662 – 3 Tammuz 5754), known to adherents of the Chabad-Lubavitch movement as the Lubavitcher Rebbe or simply the Rebbe, was an American Orthodox rabbi and the most rec ...
prohibits. Other authorities offer limited or conditional permission.


Which touch is forbidden?

Maimonides and the ''
Shulchan Aruch The ''Shulhan Arukh'' ( ),, often called "the Code of Jewish Law", is the most widely consulted of the various legal codes in Rabbinic Judaism. It was authored in the city of Safed in what is now Israel by Joseph Karo in 1563 and published in ...
'' formulate this prohibition as "hugging, kissing, or enjoying close physical contact". They do not indicate that mere touching is forbidden.
Jonah of Gerona Jonah ben Abraham Gerondi (; died 1264), also known as Jonah of Girona and Rabbeinu Yonah (), was a Catalan rabbi and moralist, cousin of Nahmanides. He is most famous for his ethical work ''The Gates of Repentance'' (). Biography M ...
wrote that "any closeness of flesh is forbidden, for example touching [] the hands of a married woman". Regarding the question of whether all affectionate contact is forbidden, or only lustful sexual contact, R' Aharon Lichtenstein ruled that even non-sexual affectionate contact is forbidden. However, R'
Yehudah Henkin Rabbi Yehuda Herzl Henkin (; 1945 – 23 December 2020), author of the responsa ''Benei Banim'', was a Religious Zionist and Modern Orthodox posek. Early life and education Yehuda Henkin was born in Pennsylvania in 1945 and raised in New Haven ...
ruled that only sexual contact is forbidden, at least according to Biblical law. Incidental, unintended touch is permitted, for example when riding a crowded bus or train. According to Rabbi
Moshe Feinstein Moshe Feinstein (; Lithuanian pronunciation: ''Moishe Fainshtein''; ; March 3, 1895 – March 23, 1986) was a Russian-born American Orthodox Jewish rabbi, scholar, and ''posek'' (authority on ''halakha''—Jewish law). He has been called ...
, there are two separate laws underlying the concept of . The first law is the prohibition against close contact with forbidden women. Because females above the age of 11 are presumed to have begun menstruation, the prohibition extends to all females above that age. The second law, called , prohibits causing oneself to have inappropriate sexual thoughts. Feinstein prohibits such acts as hugging, kissing, and holding hands. With regard to shaking hands, see below. Like most laws, these prohibitions are waived to save a person who is in life-threatening danger, e.g. for a man to save a woman from drowning. In such cases, the prohibitions are waived even if the male rescuer is certain that he will experience improper thoughts (). Furthermore, medical practitioners and other professionals such as hairdressers may touch members of the opposite sex in the course of their professional practice.


Shaking hands

Whether halacha permits a man to shake a woman's hand (or vice versa) is a matter of dispute. Opinions range from saying that it is prohibited for a man to return a woman's handshake even if doing so would embarrass him or her, to saying that returning a handshake is permissible to avoid embarrassment but not otherwise, to saying that handshaking is entirely permissible. Some authorities prohibit returning a handshake, even to avoid embarrassing the other person. These include the
Chazon Ish Avraham Yeshayahu Karelitz (; 7 November 1878 – 24 October 1953), also known as the Chazon Ish () after his magnum opus, was a Belarusian-born Orthodox rabbi who later became one of the leaders of Haredi Judaism in Israel, where he spent ...
,
Yaakov Yisrael Kanievsky Yaakov Yisrael Kanievsky (), known as The Steipler or The Steipler Gaon (1899 – 10 August 1985), was a Haredi rabbi, Talmudic scholar, and ''posek'' (decider of Jewish law in new situations), and the author of ''Kehilos Yaakov'', a 19-volume c ...
, Moshe Stern, Yitzchak Abadi,
Sefer Hasidim The ''Sefer Hasidim'' or ''Sefer Chassidim'' (, Book of the Pious) is a text attributed to Judah ben Samuel of Regensburg (died 1217), a foundation work of the teachings of the Ashkenazi Hasidim. It offers an account of the day-to-day religio ...
(who prohibits even when wearing gloves), and
Yosef Hayyim Yosef Hayim (1 September 1835 – 30 August 1909) ( Iraqi Hebrew: Yoseph Ḥayyim; ; or Yosef Chaim) was a leading Baghdadi ''hakham'' ( Sephardi rabbi), authority on ''halakha'' (Jewish law), and Master Kabbalist. He is best known as author of ...
. Rabbi Feinstein gives the benefit of the doubt to those who return a handshake, stating that they apparently hold that doing so is not (דרך חבה ותאוה), but concludes that such leniency is difficult to rely upon. Although Feinstein did not address the mitigating factor of preventing the other person from being embarrassed, and fell short of stating outright that returning a handshake is forbidden, it is commonly assumed that R' Moshe prohibits returning a handshake even to avoid embarrassing the other person. One publication states this in very strong terms. Rav Yaakov Kamenetsky has also suggested that there may be room to be lenient in this situation.
J. Simcha Cohen Jack Simcha Cohen (1936–2014) was an "18th consecutive communal rabbi in his family" and "the face of Orthodox Judaism" to a TV program "viewed by millions each week." He held positions in New York, New Jersey, California (18 years) and Australia, ...
has been quoted as giving a novel basis for permitting handshaking, based on the Yerushalmi and the ruling of Maimonides. Likewise, Yehuda Henkin holds that it is permissible to shake a woman's hand according to "the basic halacha" (the Rambam and Shulchan Aruch), and that those who feel otherwise are stringent.
Hershel Schachter Hershel Schachter (born ) is an American Orthodox rabbi, posek, and rosh yeshiva at the Rabbi Isaac Elchanan Theological Seminary (RIETS), part of Yeshiva University in New York City. Schachter is a halakhic advisor to the Orthodox Union and ...
quotes
Chaim Berlin Chaim Berlin (1832, Valozhyn – 1912, Jerusalem) (חיים ברלין) was an Orthodox Judaism, Orthodox rabbi and chief rabbi of Moscow from 1865 to 1889. He was the eldest son of the Netziv, Rabbi Naftali Zvi Yehuda Berlin. Biography Ch ...
as saying that shaking hands with women is strictly speaking () permitted, particularly if to do otherwise would make the Torah look bad, and indicates that he agrees with this position. According to Fuchs, only German Rabbis have traditionally permitted returning a handshake; and a man who is stringent about shaking hands may be lenient and shake hands with his sister (and vice versa), since we find other leniencies concerning brother and sister. The Career Development Center at
Yeshiva University Yeshiva University is a Private university, private Modern Orthodox Judaism, Orthodox Jewish university with four campuses in New York City.
, a Modern Orthodox institution, informs its students that "Shaking hands is a customary part of the interview process. Halacha permits non-affectionate contact between men and women when necessary. A quick handshake can be assumed to be business protocol. Since failure to shake hands will most likely have a strong negative effect on the outcome, it is necessary non-affectionate contact, which is permissible." However, nonetheless, it has been said in the name of prominent Yeshiva University rabbis that one should not engage fully in a handshake, but rather, one should not hold a tight grip. His hand should be "helpless" and as if the other person is initiating and completing the full action, with his hand being the innocent bystander. Acting as such prevents embarrassment and or loss of a business deal, while at the same time allows one to stay in the framework of halacha (Jewish Law).


Shaking hands and relations with non-practitioners

Rabbi
Menachem Mendel Schneerson Menachem Mendel Schneerson ( – June 12, 1994; Anno Mundi, AM 11 Nissan 5662 – 3 Tammuz 5754), known to adherents of the Chabad-Lubavitch movement as the Lubavitcher Rebbe or simply the Rebbe, was an American Orthodox rabbi and the most rec ...
wrote that remaining firm in one's convictions when it comes to shaking hands with a woman can engender the respect of the other party. In contrast, some people view refusal to shake hands with members of the opposite sex as offensive or discourteous, or even sexist. The case of a woman whose offer of a handshake was politely declined by her real estate agent is discussed by the ''New York Times'' "Ethicist"
Randy Cohen Randy Cohen is an American writer and humorist known as the author of The Ethicist column in ''The New York Times Magazine'' between 1999 and 2011. The column was syndicated throughout the U.S. and Canada. Cohen is also known as the author of ...
. Orthodox rabbi and law professor
Michael Broyde use both this parameter and , birth_date to display the person's date of birth, date of death, and age at death) --> , death_place = , death_cause = , body_discovered = , resting_place = , resting_place_coordinates = ...
opined that in the case discussed by Cohen, the values of gender equality and of religious freedom are in conflict. However, others argue that the "intent f the practice isto elevate and sanctify the relationship between men and women, which is all too often trivialized." They further state that, rather than showing a lack of respect for the opposite gender, the laws of recognize the inherent sexual attraction between the sexes and the need to avoid viewing members of the opposite gender as objects of sexual desire, except in the marital context. Moreover, the practice is not discriminatory because "strictly observant Jewish women also do not touch men, so the prohibition clearly does not confer 'untouchable' status on one sex or another. Rather it proscribes physical contact between the sexes equally." Cohen, on the other hand, likens this argument to the "separate but equal" status rejected in school desegregation cases.


Other meanings of

In Jewish civil law, Negiah refers to the halakhic concept of having a vested interest in a dispute.


In popular culture

* In the 2019 short film '' The Shabbos Goy'', Hannah Levy approaches a man who extends his hand for a handshake. She declines by offering her scarf for him to shake instead. *In the 2017 American teen comedy film ''
F the Prom ''F the Prom'' (also known as ''F*&% the Prom'') is a 2017 American teen comedy film directed and produced by Benny Fine and written by him, Rafi Fine, and Molly Prather. In the film, two estranged best friends reunite due to unfortunate circums ...
'', two of the students at the lunch table find out the other is Jewish. The female student stretches her hand out towards the male student (Brendan Calton playing Strings / Efraim), who exclaims that he is and cannot touch a woman unless she is his wife.


See also

*
Jewish views on marriage Marriage in Judaism is the documentation of a contract between a Jewish man and a Jewish woman. Because marriage under Jewish law is essentially a private contractual agreement between a man and a woman, it does not require the presence of a ...
*
Niddah A niddah (alternative forms: nidda, nida, or nidah; ''nidá''), in traditional Judaism, is a woman who has experienced a uterine discharge of blood (most commonly during menstruation), or a woman who has menstruated and not yet completed the ...
(menstruation laws) * Shalom bayit (peace and harmony in the relationship between husband and wife) *
Tzniut ''Tzniut'' ( , , ; "modesty" or "privacy"; ) describes the character trait of modesty and discretion, as well as a group of Jewish laws pertaining to conduct. The concept is most important within Orthodox Judaism. Description ''Tzniut'' i ...
(modest behavior) *
Yichud In Judaism, Jewish religious law (''halakha''), the laws of ''yichud'' () prohibit seclusion in a private area of a man and a woman who are not married to each other. Such seclusion is prohibited out of fear that sexual intercourse or other, le ...
(prohibition of seclusion in a private area of a man and a woman who are not married to each other) *
Purdah Pardah or purdah (from Hindi-Urdu , , meaning "curtain") is a religious and social practice of sex segregation prevalent among some Muslim, Zoroastrian and Hindu communities. The purdah garment is the same as a burqa, or yashmak, i.e a veil ...
*
Islam and gender segregation Gender segregation in Islamic law, custom, law, and traditions refers to the practices and requirements in Islamic countries and communities for the separation of men and boys from women and girls in social and other settings. In terms of actu ...


References

{{Marital life in Judaism Jewish marital law Judaism and sexuality Hebrew words and phrases in Jewish law Modesty in Judaism