The beginning of Parshas Pinchas is a continuation from the end of Parshas Balak, where the Jewish men engaged in forbidden relations with the Bnos Moav. The Midrash describes how they were lured into this sin through fraternising with the Bnos Moav and by not keeping proper boundaries in the interactions between men and women.
One of the boundaries that we have to protect our purity is the Mechitza. All Shules will have a Mechitza for Davening, but what about at other gatherings such as weddings and Shiurim?
Background
The source of having a Mechitza to separate between men and women is found in a Baraisa in Meseches Sukkah, describing the Simchas Beis Hashoeva on Sukkos in the Beis Hamikdosh.
“Originally they would have the women standing on the inside (the Ezras Noshim) and the men on the outside (on the Temple Mount), but this led to Kalus Rosh (inappropriate frivolous behaviour)... So they enacted that the women should sit above and the men down below”. The Tosefta elaborates; they would make elevated galleries for the women to stand on.
The Gemara questions how these galleries could be added, since every aspect of the Temple’s design had to be according to the instruction of Hashem through the Neviim? The Gemara answers that the sages found a Posuk which teaches that a separation between men and women is required. Zechariah prophesises about the future Hesped for Moshiach ben Yosef, that the “The land will eulogise in families. The house of Dovid on their own and their wives on their own...” The Maharsha adds that it would also be permissible to add these structures simply in order to prevent people coming to an issur.
A Mechitza for Davening
This Gemara is the basis for having a Mechitza in Shule. The need to have a Mechitza in a holy place at the time of davening is held unanimously. Igros Moshe even rules that this requirement in Mideoraisa, hence it could be added to the design of the Beis Hamikdosh. Other Poskim view the Mechitza as a Rabbinic requirement.
Interestingly, the Be’er Moshe writes that in Europe a Mechitza as not always used, but this was because the women kept to a very high level of Tznius in dress. Nowadays however a Mechitza is required.
Divrei Shalom distinguishes between Simchas and similar gatherings where there is a concern of Kalus Rosh and a Mechitzah is required min hadin, and a shiur where a Mechitza would only be a Midas Chassidus since it’s an atmosphere of Yiras Shamayim.
There is a letter of the Lubavitcher Rebbe on this topic. The letter was in reference to a shiur that was being given in Russia before the fall of Communism. Due to the unique needs of that time and place, the Rebbe gave an allowance and permitted the shiur to take place without a Mechitza. Even still, the Rebbe stresses that the men and women should still sit separately.
The Sefer Dvar Melech records the response of the Rebbe to a Shaliach who wished to host a mixed dinner so as not to turn away potential donors. The Rebbe replied “Why should you push away certain Yiras shamayim (affecting all of the participants) on account of a Safek in extra money (from only a few people)”.
Conclusion
Whilst there are halachic authorities who permit separate seating at shiurim without requiring a Mechitza, there is certainly a Midas Chassidus and according to many authorities a halachic obligation to have a Mechitza. At Simchas there may even be stronger case for requiring a Mechitza due to the stronger possibility of Kalus Rosh.
For Chabad communities, especially in light of the view of the Rebbe’s letter quoted above, it is certainly appropriate to have a Mechitza at all gatherings where both men and women are present, including shiurim, Simchas, Kiddushim, events and concerts.
At Other Gatherings
What about having a Mechitza at other gatherings such as a Simcha, shiur, speech or concert? Concerning shiurim, the Mordechai refers to “the Mechitza at the time of the Drosha”. Halachic authorities including; the Maharil, the Taz, the Alter Rebbe, Mishna Berurah and Aruch Hashulchan all refer to this Mechitza in the Laws of Shabbos. This type of temporary wall may be erected on Shabbos because it is put up purely for reasons of Tznius.
The source of this idea of having a Mechitza at a Drosha is based on the Gemara which describes how the Amora Abaye would set up earthenware barrels between the men and the women. Rashi says that this was at the time that they came to hear the Drosha.
Concerning a Mechitza at other gatherings, in one Teshuvah, Igros Moshe writes that it may be required. A proof that a Mechitza is needed at such gatherings is brought from the very Posuk used by the Gemara to derive the requirement of a Mechitza which is referring to a Hesped.
However in a subsequent Teshuvah, Igros Moshe writes that it appears that a Mechitza is not necessarily required. He brings a proof from the fact that men and women would eat the Korban Pesach together and a Mechitza was not required. On the contrary, a Mechitza would be problematic because the Korban Pesach must be eaten as one group.
Rav Moshe’s position is clear in later Teshuvos. All events which are open to the public require a Mechitza. A wedding however is a private (invitation only) affair and therefore a Mechitza is not required. Since a shiur is open to the public, a Mechitza is required min hadin. For Kiruv activities where there is no other option and people will not come if there was a Mechitza he is more lenient.
The Seridei Eish rules that due to present day circumstances, at gatherings such as weddings, speeches and Drashos, a Mechitza is not required. It is sufficient that the men and women sit separately. The Mordechai is describing an extra practise of Midas Chassidus (going beyond the letter of the law).
Other Poskim who require a Mechitza at all gatherings where men and women are attending include; the Shevet Halevi, Divrei Yoel and Be’er Moshe.
1. 51b
2. 12:12
3. O.C. 1:39
4. Shabbos 3:311
5. O.C. 315:1
6. 315:3
7. 315:5
8. Kiddushin 81a
9. O.C. 1:41
10.O.C. 1:41
11.Y.D. 4:24 and O.C. 5:11
12.1:77
13.1:29
14.Vol. 1 O.C. 10
15.4:417
16.O.C. 8
17.Shaar halocha uminhog 3:243
18. 1999 p127
