Machlokes Haposkim Regarding the Severity of Walking Around Without a Head Covering
What is the status of the obligation to walk around with a head covering (yarmulke)? Is it simply a middas chasidus [pious act] to do so, or is one violating a prohibition if he doesn’t?
The Shulchan Aruch (2:66) rules: אסור לילך בקומה זקופה - “It is forbidden to walk around with a straight up back”, however, he continues: ולא ילך ד 'אמות בגילוי הראש - “and one shouldn’t walk four amos without a head covering”. The Achronim (Olas Tamid, s.k. 5, and Birkay Yosef s.k. 2) make an implication from the Mechaber that there is no prohibition to walk around without a head covering, rather, it’s just a good minhag, as he doesn’t mention “forbidden” (אסור) when talking about wearing a head covering. However, the Mateh Yehudah (s.k. 7) writes: Walking around without a head covering is strictly forbidden just like it is forbidden to walk around with a straight up back, as if it wasn’t then the Shulchan Aruch wouldn’t write, ולא ילך – “and one shouldn’t go”, rather he would say: וראוי שלא ילך – “it is fitting not to go”. Although the Shulchan Aruch changes his lashon, and by walking around with a straight up back he writes אסור , and by walking without a head covering he doesn’t say אסור, it is simply because he is following the language of the Gemara which says אסור by walking around with a straight up back, and doesn’t say אסור by walking around without a head covering.
The Mateh Yehudah adds: That which the Shulchan Aruch (91:3) writes: “Some say that one should protest against those who go to the Beis HaKnesses without a head covering”, which implies there is only an issur in the Beis HaKnesses, this is an incorrect diyuk. Really it is forbidden everywhere, just inside a Beis HaKnesses one should protest, whereas outside the Beis HaKnesses although it is forbidden there is no need to protest.
The Opinion of the Taz
The Taz (8:3) is mechadesh that there is an issur de’O’raisa to walk around without a head covering due to: ובחוקותיהם לא תלכו – “You shall not follow in their ways”. Nowadays, non-Jew’s walk around without a head covering, therefore, walking around today without a head covering is considered to be going in the ways of non-Jews.
The Igros Moshe (Orach Chaim, Vol. 1, siman 1) points out that the Shulchan Aruch doesn’t bring this as it depends on time and place, as only in places where non-Jew’s walk around with their heads uncovered can it be considered ובחוקותיהם לא תלכו, and in the times of the Mechaber people did cover their heads.
The Opinion of the Mishnah Berurah
Halachah lema’aseh, the Mishnah Berurah (2:11) brings both opinions: That it’s a middas chasidus, and that according to the Taz it’s de’O’raisa. However, in the Biur Halachah (91:3) it is clear that the Chofetz Chaim sides with the Taz. He adds further in the name of the Magen Avraham (s.k. 6) that even for young children, it’s good to get them accustomed to covering their heads, in order to teach them to have yiras Shomayim.
