Halachot of Dating: Difference between revisions
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== Dating == | |||
The basic halachot of dating are a difficult balance. On one hand, the couple must be able to meet one another as such that they can feel comfortable establishing a home together. On the other hand, while the couple are unmarried they must be careful to abide by the full halachic restrictions of how a man and woman should behave. They cannot touch one another (shomer negiah) nor can they seclude themselves together (yichud). Further many communities have adopted different perspectives about social interaction between men and women. | |||
Because of the halachic difficulties posed by dating- different communities have established different standards on how to date. Communities have traditionally relied on a matchmaker while other communities have men ask out women. Communities also have established clear practices on the length of time dating prior to engagement. | |||
== Bashert == | |||
The Yiddish word "bashert" is used in Jewish folklore to mean that every man and woman has a preordained soulmate. "Bashert" literally means "fate" in Yiddish.<ref>Much sourcing and analysis for the following sections relies on the work Kafnita Debavel | |||
check out following article [https://www.torahmusings.com/2021/11/marriage-and-free-will/ marriage and free will]</ref> | |||
It is not so simple- among the Talmudic commentators there is a wide variety of opinion about how couples are designated for one another. In the opening of Masechet Sota the Talmud records that forty days before the birth of a child, a voice calls out from Mount Sinai and declares "this child will marry so- and so." The clear implication is that match's are preordained. However the Talmud also declares that couples are set up according to the character of the bride and groom. These two statements set up a contradiction over whether the match is preordained or based on one's behavior during their life. | |||
Indeed, the idea of bashert is fundamentally problematic? How do we know we'll find the right person? Why can't we choose? | |||
Some argue that belief in a bashert contradicts man's free will and would result in people having a limited ability to perform the mitzvah of marriage. Therefore, they reject the idea of bashert completely and assert that everything is in the hands of individuals.<ref>Meiri Sotah 2a | |||
Shmoneh Perekim 8 | |||
Shut Rambam 436 | |||
Kovetz Mamrim page 41</ref> | |||
Some understand individuals to be in full control of their choice of spouse. It is only that because it is so difficult for each man and woman to find someone who they like and in turn are liked by that Hashem assists.<ref>Tashbetz 2.1</ref> Were it not for Hashem to assist- the couple would not be able to be brought together. | |||
In the view of the Zohar, a soul exists of male and female halves that are placed into a man and woman respectively. When the right couple comes together, the soul is reunited. The Zohar says that the righteous are guaranteed that they will find their soul mate. | |||
== Dating and Its Difficulties == | |||
The Gemara describes the process of matching a couple as difficult as "spliting the Yam Suf (Sea of Reads)."<ref>Sota 2a</ref> This enigmatic statement refer to the almost supernatural difficulties of match making. One understanding of this expression is that Hashem's role is as miraculous in the process of dating as in the process of taking the Jewish people from Egypt.<ref>Meiri Sotah 2a</ref> | |||
== Parental Objections == | |||
Technically, the halacha is that if parents object to a child’s shidduch, the child is not necessarily bound by that request.<ref>The Maharik (responsa 164) writes about a case where a young man’s parents don't want their son to marry a certain young woman whom he is interested in marrying. He posits three reasons why the son isn't bound by his parents’ wishes in this case. First, Kibbud Av V’em primarily means servicing a parent, but does not require listening to them in ways that don't directly benefit them. Second, Kibbud Av V’em is a mitzvah which doesn't need to come at one's own expense, and losing a potential spouse is worth more than money. Finally, since getting married is a mitzvah, a parent can't prevent a child from doing a mitzvah. Rama Y.D. 240:25 codifies this Maharik. Gra 240:36 and Chazon Ish YD 149:8 support the Maharik.</ref> | |||
There are several qualifications to that statement | |||
# Some say that if the parent has reasonable grounds for suspecting that the shidduch will harm their child's wellbeing, the child is bound to listen. <ref>Sefer Chasidim 564 writes that although parents generally cannot object to a child getting married, if the potential shidduch would be spiritually hazardous for their child, the child must listen to their parents. His proof is that Yaakov listened to Yitzchak not to marry any of the women of Kenaan. On this basis, Yalkut Yosef (Kibbud Av V’em p. 438) and Rav Aryeh Leib Shteinman (K'ayal Tarog Shidduchin p. 46) write that if the prospective young woman or man isn’t actually a good fit spiritually, the children certainly must listen to their parents. Yalkut Yosef clarifies that the Maharik (see next footnote) agrees with this. Rav Willig (oral communication) thought that this is a very important consideration when applying the Maharik.</ref> | |||
# If the parents are seriously pained by the shidduch, some poskim hold that one must listen to one’s parents. <ref>Meishiv Davar 2:50 says that if the parents are pained by a certain shidduch, the child should listen to them. Rav Aryeh Leib Shteinman (K'ayal Tarog Shidduchin p. 46) agrees.</ref> | |||
# In any case of parental disapproval, one should consult a rabbi. Even when the halacha is that one doesn't need to obey the parents’ wishes on this issue, a wise person would certainly take his parents’ position into consideration as they usually have significantly more experience and insight.<ref>Rav Schachter (Mussar Shmooze on Dating min 16). Similarly, Shevet Halevi 4:124, Tzitz Eliezer 13:78, and Yalkut Yosef (Kibbud Av V’em p. 437) all hold that even though one doesn't have to listen to one's parents, he should do everything in his power to get them on his side to agree with the shidduch.</ref> | |||
==Looking at One's Date== | ==Looking at One's Date== | ||
# | # It is a mitzvah for a man to see the woman he intends to marry<ref>Kiddushin 41a</ref> | ||
# Generally speaking it is normally forbidden for a man to look closely at a woman. However, when it comes to dating a man is permitted to look closely at a woman in order to see he is attracted to her.<ref>Rambam Isurei Biyah 21:3, Shulchan Aruch EH 21:3, Nitai Gavriel Shidduchim p. 84</ref> However, he may not look in an inappropriate way (derech zenut).<ref>Shulchan Aruch E.H. 21:3, Shevet Halevi 5:200</ref> It is considered inappropriate for a man to stare solely for the purpose of deriving pleasure from the woman's beauty.<ref>Otzar HaPoskim Even Haezer 23 footnote 31</ref> | |||
# | # Many Poskim think that it is not appropriate for a boy to demand a shidduch picture before going out.<ref> He quoted the Chabiner Rav, Rav Dovid Feinstein, Rav Moshe Heinemann, Rav Shmuel Fuerst, and Rav Chaim Kanievsky as all expressing disapproval of this practice because either it doesn't give the girl a fair chance, pictures can be deceiving, and it isn't tzanua for a girl to be giving out her picture.</ref> | ||
==Age for Marriage== | ==Age for Marriage== | ||
See [[Right Age to Marry]] page. | |||
==Yichud== | ==Yichud== | ||
See the [[Yichud]] page. | See the [[Yichud]] page. | ||
# | # A couple should be extra vigilant regarding the halachot of yichud during dating, especially after engagement. | ||
# | # While dating or engaged, a couple should not sleep in the same house even if there’s no issue of yichud. For example, if they’re visiting one another for Shabbos, one should stay at a friend or neighbor. | ||
# Once someone is engaged or at a point that they’re emotionally comfortable with each other to discuss private issues (libo gas ba)¸ according to many poskim they are not allowed to be alone, even if the door is open to a public domain.<ref>The Chelkat Mechokek 22:13 writes that a person who is comfortable around a certain woman is forbidden to seclude himself with her in an area open to the public. The Taz 22:9, however, disagrees and permits it. Chida (Birkei Yosef 22:6 and 245:6) proves from Shulchan Aruch and others that it is permitted but he still isn't willing to be lenient. Kitzur Shulchan Aruch 152:5 rules like the Chelkat Mechokek. Misgeret Hashulchan 152:10 cited by Otzar Haposkim 22:9:13 is lenient in extenuating circumstances. Nitei Gavriel (Yichud 32:7) writes that in cases of need such as with a doctor, one may be lenient unless the person is comfortable around the woman in an inappropriate sense. Tzitz Eliezer 6:40:12:4-8 is lenient. Gan Naul 8:25 seems to be lenient. He quotes the Shevet Halevi 5:23:7 and Divrei Chachamim 5:11 as permitting, while the Noda Beyehuda E.H. 2:18, Aruch Hashulchan 22:6, and Igrot Moshe E.H. 4:60 are strict</ref> If they’re actually in public or completely visible to the public there is no yichud at all. Also, having someone that breaks yichud like the man’s mother or sister, the woman’s father or brother, or a married couple is effective even for someone who is libo gas ba.<ref>In general, Igrot Moshe E.H. 2:15 holds that a daughter protects a man from yichud just like his mother, wife, or sister. This is in disagreement with the Pitchei Teshuva 22:2 who holds that these relatives do not protect from yichud with another woman, even though one is permitted to have yichud with that relative alone. Rav Soloveitchik (Nefesh Harav p. 256) agreed with Rav Moshe and applied it to a grandmother as well. Mishnat Yehoshua (Erusin v. 1 p. 73) applies this to dating.</ref> | |||
# If a dating or engaged couple wants to enter an apartment and avoid yichud, they should leave the door to the hallway wide open and remain in a place where they're visible to the hallway.<ref>Knesset Hagedolah (Hagahot Tur E.H. 22:11) writes that a door that's open to the street only permits that room and not the upper or lower floors connected to that room. The Otzar Haposkim 22:9:5 quotes the Apei Zutrei 22:20 and Nichpeh Bkesef who agree. The Otzar Haposkim 22:9:5 quotes the Nidrei Zerizin 2:9 and Bet Shlomo O.C. 48 who write that rooms connected to a room open to the public are still subject to yichud, and only the room that is open to the public itself is permitted. On the other hand, the Ezer Mkodesh seems to be lenient. Dvar Halacha 3:9 quotes this dispute and adds that the Bet Meir is strict but the Maharsham is lenient.</ref> Going to another room in the apartment is forbidden since it isn’t common for someone to enter unannounced even if the door is actually open.<ref>Rav Schachter (oral communication)</ref> This only works at a time when people are generally walking through the hallway every few minutes but not late into the night when people aren't around.<ref>Dvar Halacha 3:5</ref> | |||
# If a dating or engaged couple is at one of their parents’ homes and the parents are home but upstairs, there is no issue of yichud.<ref>Orchot Habayit 34:31</ref> | |||
# A dating or engaged couple can drive together in the car on a road that cars or people pass by at least once every ten minutes. A couple should not park at night on a quiet street in order to talk to each other. <ref>Mishnat Yehoshua (Erusin v. 1 p. 62-3) quoting Rav Elyashiv, Teshuvot Vehanhagot 5:331. This approach treats a car like being outside since it is possible to see into the car windows. However, Igrot Moshe 4:65:3 was strict not to allow a man and woman to enter a car together because they could stop in a deserted area. Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:91:21 and Rav Willig (cited by Rabbi Jachter) are lenient. Rav Schachter is strict but acknowledges that dating in today’s world it isn’t practical to be strict on this</ref> | |||
# Some poskim permit going on a date to an escape room since it is observed by a camera at all times which is considered like it is open to the public.<ref>Rabbi Willig (oral communication) thought that we could be lenient since there is a camera in the room and someone is watching the cameras at all times. He added that it might not be recommended depending on the situation and the people asking. Therefore, it is appropriate to ask a Rav for each case. Rabbi Wiederblank agreed</ref> Other poskim, however, hold that it is better to avoid.<ref>Rabbi Neuberger (oral communication), Rav Aryeh Lebowitz [https://www.yutorah.org/lectures/lecture.cfm/933705/rabbi-aryeh-lebowitz/ten-minute-halacha-escape-the-room-and-yichud/ (Ten Minute Halacha)]</ref> | |||
==Revealing Information== | ==Revealing Information== | ||
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==Giving Gifts== | ==Giving Gifts== | ||
# | # Often times in relationships, a couple will give gifts to one another | ||
* The Mahari Barin (cited by Darkei Moshe 695:7) writes that a man shouldn’t give mishloach manot to a woman or the opposite. The Rama OC 695:4 codifies this. The Machasit Hashekel 695:15 explains that the concern that through these gifts the man will affect a questionable kiddushin with the woman isn’t an issue because there would need to be witnesses for it to be a valid kiddushin. Rather the concern is that perhaps someone seeing this interaction will think that they are married and this is a gift between them. Magen Avraham 695:15 and Mishna Brurah 695:26 concur. | # There is no concern that giving such a gift is considered kiddushin, as that is clearly not their intention.<ref>The Mahari Barin (cited by Darkei Moshe 695:7) writes that a man shouldn’t give mishloach manot to a woman or vice versa. The Rama O.C. 695:4 codifies this. The language of the Rama implies that the reason is that if they give each other mishloach manot it will look like a kiddushin. However, the Machatzit Hashekel 695:15 explains that there is no concern that these gifts will affect a questionable kiddushin with the woman because there would need to be valid witnesses. Also, we are not concerned that a gift given for another reason is considered kiddushin (Rama E.H. 45:1). Rather the concern is that perhaps someone seeing this interaction will think that they are already married and this is a gift between them. Mishna Brurah 695:26 agrees. See Betzel HaChochma 5:51 for another approach. Aruch Hashulchan 695:18 adds that the primary issue is that when a man gives a gift to a woman it leads to an inappropriate affection and closeness. Shvut Yakov 1:41 and Tzemach Yehuda 3:235:4 agree. Chashukei Chemed Megillah 4a quotes Rav Elyashiv as holding that if there’s no alternative, a man could give mishloach manot to a woman if given in a nonaffectionate manner.</ref> Similarly, giving the engagement ring is not a concern of kiddushin as they do not intend for that to be kiddushin.<ref>Rav Schachter (oral communication) explained that it is completely permitted to give dating gifts or the engagement ring and there is no concern for kiddushin.</ref> Nonetheless, it is proper that a dating or engaged couple avoid giving each other mishloach manot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/990340/rabbi-aryeh-lebowitz/ten-minute-halacha-dating-and-engaged-couples-sending-mishloach-manos-to-each-other/ Rav Aryeh Lebowitz (Ten Minute Halacha)] quotes Rav Sobolofsky and Rav Schachter who thought it is inappropriate for a dating or engaged couple to give each other mishloach manot. Even though there is very little to be concerned with since their intentions are not for kiddushin and the reason of the Aruch Hashulchan doesn’t apply (since it is appropriate for them to give gifts to build the relationship), nonetheless, since the Rama explicitly forbids mishloach manot, we should observe that minhag.</ref> | ||
* Aruch Hashulchan 695:18 adds that the real issue is that when a man gives a woman a gift it leads to a closeness which is inappropriate. Tzemech Yehuda 3:235:4 agrees. Chashukei Chemed Megillah 4a quotes Rav Elyashiv as holding that if there’s no other choice a man could give mishloach manot to a woman if given in a manner that wouldn’t cause to closeness. | # A man is prohibited from giving mishloach manot to a woman or vice versa. Some explain that it isn’t an appropriate interaction, while others explain that there is a concern that people will think that they are married even though they aren’t. Some permit a man giving mishloach to a woman if his intentions are actually completely pure.<ref>*The Mahari Barin (cited by Darkei Moshe 695:7) writes that a man shouldn’t give mishloach manot to a woman or the opposite. The Rama OC 695:4 codifies this. The Machasit Hashekel 695:15 explains that the concern that through these gifts the man will affect a questionable kiddushin with the woman isn’t an issue because there would need to be witnesses for it to be a valid kiddushin. Rather the concern is that perhaps someone seeing this interaction will think that they are married and this is a gift between them. Magen Avraham 695:15 and Mishna Brurah 695:26 concur. | ||
*Aruch Hashulchan 695:18 adds that the real issue is that when a man gives a woman a gift it leads to a closeness which is inappropriate. Tzemech Yehuda 3:235:4 agrees. Chashukei Chemed Megillah 4a quotes Rav Elyashiv as holding that if there’s no other choice a man could give mishloach manot to a woman if given in a manner that wouldn’t cause to closeness. | |||
Betzel Chochma 5:51 writes that the Rama was only concerned about kiddushin. He adds that one doesn’t have to be concerned about inappropriate interactions since one is doing a mitzvah of mishloach manot. Additionally, nowadays we are lenient to greet a woman (Rama EH 21:4) and as such we can be lenient in this regard as well. However, he advises not relying on that unless one’s intent is completely pure.</ref> | Betzel Chochma 5:51 writes that the Rama was only concerned about kiddushin. He adds that one doesn’t have to be concerned about inappropriate interactions since one is doing a mitzvah of mishloach manot. Additionally, nowadays we are lenient to greet a woman (Rama EH 21:4) and as such we can be lenient in this regard as well. However, he advises not relying on that unless one’s intent is completely pure.</ref> | ||
==Date Specific Shaylot== | ==Date Specific Shaylot== | ||
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#Making a human sculptures [[Drawing_or_Sculpting_Forbidden_Images#Human_Images]] | #Making a human sculptures [[Drawing_or_Sculpting_Forbidden_Images#Human_Images]] | ||
===Art Museums=== | ===Art Museums=== | ||
See [[Kippah#Wearing_a_Kippah_in_a_Place_not_Suitable_for_a_Religious_Jew]] | # See [[Visiting Art Museums]] | ||
# See [[Kippah#Wearing_a_Kippah_in_a_Place_not_Suitable_for_a_Religious_Jew|Kippah]] | |||
===Movie=== | ===Movie=== | ||
#See [[Internet,_TV,_Social_Media]] | #See [[Internet,_TV,_Social_Media]] | ||
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===Going to the Zoo=== | ===Going to the Zoo=== | ||
#Regarding Brachos when seeing certain animals see [[Bracha for an Unusual Creature]]. | #Regarding Brachos when seeing certain animals see [[Bracha for an Unusual Creature]]. | ||
===Scavenger Hunt in Barnes&Nobles=== | ===Scavenger Hunt in Barnes&Nobles=== | ||
#See [[Deceitful Practices#Window Shopping]] | #See [[Deceitful Practices#Window Shopping]] | ||
===Hotel Lobby=== | ===Hotel Lobby=== | ||
#See [[Marit Ayin]] | #See [[Marit Ayin]] | ||
== Engagement == | |||
== Proposal == | |||
It is not a proper practice for a man to get down on a knee to propose to his kallah.<ref>Rav Mordechai Willig (oral communication)</ref> | |||
After the man gives her the ring, one of the couple should recite the beracha hatov vehameitiv on behalf of both of them.<ref>Rav Schachter (oral communication)</ref> | |||
The proposal should be done in a private way and not with other friends there or videoed for the whole world to see.<ref>Rav Mordechai Willig (oral communication)</ref> | |||
== Broken Engagement == | |||
== Making a Shidduch == | |||
Making a shidduch is included in the mitzvah of imitating Hashem, as He made the first shidduch between Adam and Chava.<ref>Devarim 13:5 and Sotah 14a. Midrash Rabba Tzav 8:1. See | |||
“[https://outorah.org/p/27222/ Paying the Shadchan]” by Rabbi Avi Zakutinsky</ref> Making a shidduch or even trying to make a shidduch is a tremendous mitzvah and an incredibly important activity. <ref>Shulchan Aruch O.C. 306:6 allows one to arrange a Shidduch on Shabbat, even if it involves discussion of financial matters that would otherwise be a form of forbidden speech on Shabbat. See Kaf Hachaim 306:50</ref>Even if one just makes a suggestion and a shadchan takes it over, he still gets credit for the mitzvah of making the shidduch.<ref>Igrot Moshe CM 1:49</ref> | |||
== Pouching a Shidduch == | |||
# If a couple got engaged (and they wrote up tenayim or shidduchim or didn't write anything, but made a decision to get engaged in a place where they don't write tenayim or shidduchim) it is forbidden for a man to try to date and marry that woman. Stealing a shidduch is a violation of the cherem of breaking an engagement as well as a violation of stealing something that someone else was trying to get (ani ha'mehapech b'charara).<ref>Igrot Moshe EH 1:91. Rav Moshe explains that there's a cherem to break an engaged once they if they wrote up tenayim or shidduchim or if they decided to get engaged in a place where they do not write tenayim or shidduchim. In terms of ''ani hamehapech b'charara'' seemingly it should be permitted for two reasons: 1) According to Rabbenu Tam, there's no issue of ''ani hamehapech b'charara'' when dealing with something that is free. Since marrying a woman is like getting something from hefker (ownerless), stealing a fiancé is permitted. 2) According to Maharam, there's no issue of ''ani hamehapech b'charara'' before the buyer and seller decided on a price. So too, with an engagement there's no prohibition before they write the tenayim. However, Rav Moshe writes that since there's a cherem to break the engagement there's also a prohibition of ''ani hamehapech b'charara'' to steal an engaged woman. He explains that there's two approach to Rabbenu Tam. One is that something that everyone can acquire equally like hefker is not subject to ''ani hamehapech b'charara'' (Rama citing Radach). But the engaged woman is not equally available to anyone. Another reason for Rabbenu Tam, is that hefker doesn't belong to anyone so it is fine to take it (Shach citing Ramban). But with engagement since both the man and woman want to marry it is like they're married in the sense that it would be forbidden for anyone else to marry her.</ref> | |||
# If a couple got engaged and in their place they usually write up tenayim or shidduchim and they didn't yet get to do that, according to Ashkenazim it is technically permitted for a man to try to date marry that woman but a yireh shamayim would not do such a thing.<ref>Igrot Moshe EH 1:91 s.v. yatza</ref> | |||
# If a man and woman are dating and are not engaged, it is technically permitted for another man to try to date and marry that woman.<ref>Igrot Moshe EH 1:91</ref> | |||
==Sources== | ==Sources== | ||
{{Reflist|2}} | {{Reflist|2}} | ||
[[Category:Marriage]] | [[Category:Marriage]] |
Revision as of 01:08, 16 July 2024
Dating
The basic halachot of dating are a difficult balance. On one hand, the couple must be able to meet one another as such that they can feel comfortable establishing a home together. On the other hand, while the couple are unmarried they must be careful to abide by the full halachic restrictions of how a man and woman should behave. They cannot touch one another (shomer negiah) nor can they seclude themselves together (yichud). Further many communities have adopted different perspectives about social interaction between men and women.
Because of the halachic difficulties posed by dating- different communities have established different standards on how to date. Communities have traditionally relied on a matchmaker while other communities have men ask out women. Communities also have established clear practices on the length of time dating prior to engagement.
Bashert
The Yiddish word "bashert" is used in Jewish folklore to mean that every man and woman has a preordained soulmate. "Bashert" literally means "fate" in Yiddish.[1]
It is not so simple- among the Talmudic commentators there is a wide variety of opinion about how couples are designated for one another. In the opening of Masechet Sota the Talmud records that forty days before the birth of a child, a voice calls out from Mount Sinai and declares "this child will marry so- and so." The clear implication is that match's are preordained. However the Talmud also declares that couples are set up according to the character of the bride and groom. These two statements set up a contradiction over whether the match is preordained or based on one's behavior during their life.
Indeed, the idea of bashert is fundamentally problematic? How do we know we'll find the right person? Why can't we choose?
Some argue that belief in a bashert contradicts man's free will and would result in people having a limited ability to perform the mitzvah of marriage. Therefore, they reject the idea of bashert completely and assert that everything is in the hands of individuals.[2]
Some understand individuals to be in full control of their choice of spouse. It is only that because it is so difficult for each man and woman to find someone who they like and in turn are liked by that Hashem assists.[3] Were it not for Hashem to assist- the couple would not be able to be brought together.
In the view of the Zohar, a soul exists of male and female halves that are placed into a man and woman respectively. When the right couple comes together, the soul is reunited. The Zohar says that the righteous are guaranteed that they will find their soul mate.
Dating and Its Difficulties
The Gemara describes the process of matching a couple as difficult as "spliting the Yam Suf (Sea of Reads)."[4] This enigmatic statement refer to the almost supernatural difficulties of match making. One understanding of this expression is that Hashem's role is as miraculous in the process of dating as in the process of taking the Jewish people from Egypt.[5]
Parental Objections
Technically, the halacha is that if parents object to a child’s shidduch, the child is not necessarily bound by that request.[6]
There are several qualifications to that statement
- Some say that if the parent has reasonable grounds for suspecting that the shidduch will harm their child's wellbeing, the child is bound to listen. [7]
- If the parents are seriously pained by the shidduch, some poskim hold that one must listen to one’s parents. [8]
- In any case of parental disapproval, one should consult a rabbi. Even when the halacha is that one doesn't need to obey the parents’ wishes on this issue, a wise person would certainly take his parents’ position into consideration as they usually have significantly more experience and insight.[9]
Looking at One's Date
- It is a mitzvah for a man to see the woman he intends to marry[10]
- Generally speaking it is normally forbidden for a man to look closely at a woman. However, when it comes to dating a man is permitted to look closely at a woman in order to see he is attracted to her.[11] However, he may not look in an inappropriate way (derech zenut).[12] It is considered inappropriate for a man to stare solely for the purpose of deriving pleasure from the woman's beauty.[13]
- Many Poskim think that it is not appropriate for a boy to demand a shidduch picture before going out.[14]
Age for Marriage
See Right Age to Marry page.
Yichud
See the Yichud page.
- A couple should be extra vigilant regarding the halachot of yichud during dating, especially after engagement.
- While dating or engaged, a couple should not sleep in the same house even if there’s no issue of yichud. For example, if they’re visiting one another for Shabbos, one should stay at a friend or neighbor.
- Once someone is engaged or at a point that they’re emotionally comfortable with each other to discuss private issues (libo gas ba)¸ according to many poskim they are not allowed to be alone, even if the door is open to a public domain.[15] If they’re actually in public or completely visible to the public there is no yichud at all. Also, having someone that breaks yichud like the man’s mother or sister, the woman’s father or brother, or a married couple is effective even for someone who is libo gas ba.[16]
- If a dating or engaged couple wants to enter an apartment and avoid yichud, they should leave the door to the hallway wide open and remain in a place where they're visible to the hallway.[17] Going to another room in the apartment is forbidden since it isn’t common for someone to enter unannounced even if the door is actually open.[18] This only works at a time when people are generally walking through the hallway every few minutes but not late into the night when people aren't around.[19]
- If a dating or engaged couple is at one of their parents’ homes and the parents are home but upstairs, there is no issue of yichud.[20]
- A dating or engaged couple can drive together in the car on a road that cars or people pass by at least once every ten minutes. A couple should not park at night on a quiet street in order to talk to each other. [21]
- Some poskim permit going on a date to an escape room since it is observed by a camera at all times which is considered like it is open to the public.[22] Other poskim, however, hold that it is better to avoid.[23]
Revealing Information
See the Lashon Hara page.
- It is forbidden to find something seriously negative in a shidduch.[24]
- If someone asks about a negative trait in a shidduch one may not lie.[25]
- One doesn't have to reveal negative information before going out. One should do so when the two think that they are seriously considering getting married.[26]
Following Women in the Street
See the Inappropriate Staring at the Opposite Gender page.
- Even though today it isn't possible for a man not to walk behind a woman at all when walking in the street, still a person should be careful what he looks at when walking.[27]
Giving Gifts
- Often times in relationships, a couple will give gifts to one another
- There is no concern that giving such a gift is considered kiddushin, as that is clearly not their intention.[28] Similarly, giving the engagement ring is not a concern of kiddushin as they do not intend for that to be kiddushin.[29] Nonetheless, it is proper that a dating or engaged couple avoid giving each other mishloach manot.[30]
- A man is prohibited from giving mishloach manot to a woman or vice versa. Some explain that it isn’t an appropriate interaction, while others explain that there is a concern that people will think that they are married even though they aren’t. Some permit a man giving mishloach to a woman if his intentions are actually completely pure.[31]
Date Specific Shaylot
Paint Night, Wax sculptures
- See Drawing a Pasuk Respecting_Holy_Books#Writing_Pesukim
- See Drawing a Sun, Moon or Stars Drawing_or_Sculpting_Forbidden_Images#Sun.2C_Moon.2C_and_Stars
- Making a human sculptures Drawing_or_Sculpting_Forbidden_Images#Human_Images
Art Museums
- See Visiting Art Museums
- See Kippah
Movie
Sports Games
Ice Skating, Archery
- See Modesty
- See Inappropriate Staring at the Opposite Gender
- Catching her if she falls see Negiah
Arcade, Casino, Bingo
- Regarding gambling see Minhagim_of_Chanukah#Dreidel
Going to the Zoo
- Regarding Brachos when seeing certain animals see Bracha for an Unusual Creature.
Scavenger Hunt in Barnes&Nobles
Hotel Lobby
- See Marit Ayin
Engagement
Proposal
It is not a proper practice for a man to get down on a knee to propose to his kallah.[32]
After the man gives her the ring, one of the couple should recite the beracha hatov vehameitiv on behalf of both of them.[33]
The proposal should be done in a private way and not with other friends there or videoed for the whole world to see.[34]
Broken Engagement
Making a Shidduch
Making a shidduch is included in the mitzvah of imitating Hashem, as He made the first shidduch between Adam and Chava.[35] Making a shidduch or even trying to make a shidduch is a tremendous mitzvah and an incredibly important activity. [36]Even if one just makes a suggestion and a shadchan takes it over, he still gets credit for the mitzvah of making the shidduch.[37]
Pouching a Shidduch
- If a couple got engaged (and they wrote up tenayim or shidduchim or didn't write anything, but made a decision to get engaged in a place where they don't write tenayim or shidduchim) it is forbidden for a man to try to date and marry that woman. Stealing a shidduch is a violation of the cherem of breaking an engagement as well as a violation of stealing something that someone else was trying to get (ani ha'mehapech b'charara).[38]
- If a couple got engaged and in their place they usually write up tenayim or shidduchim and they didn't yet get to do that, according to Ashkenazim it is technically permitted for a man to try to date marry that woman but a yireh shamayim would not do such a thing.[39]
- If a man and woman are dating and are not engaged, it is technically permitted for another man to try to date and marry that woman.[40]
Sources
- ↑ Much sourcing and analysis for the following sections relies on the work Kafnita Debavel check out following article marriage and free will
- ↑ Meiri Sotah 2a Shmoneh Perekim 8 Shut Rambam 436 Kovetz Mamrim page 41
- ↑ Tashbetz 2.1
- ↑ Sota 2a
- ↑ Meiri Sotah 2a
- ↑ The Maharik (responsa 164) writes about a case where a young man’s parents don't want their son to marry a certain young woman whom he is interested in marrying. He posits three reasons why the son isn't bound by his parents’ wishes in this case. First, Kibbud Av V’em primarily means servicing a parent, but does not require listening to them in ways that don't directly benefit them. Second, Kibbud Av V’em is a mitzvah which doesn't need to come at one's own expense, and losing a potential spouse is worth more than money. Finally, since getting married is a mitzvah, a parent can't prevent a child from doing a mitzvah. Rama Y.D. 240:25 codifies this Maharik. Gra 240:36 and Chazon Ish YD 149:8 support the Maharik.
- ↑ Sefer Chasidim 564 writes that although parents generally cannot object to a child getting married, if the potential shidduch would be spiritually hazardous for their child, the child must listen to their parents. His proof is that Yaakov listened to Yitzchak not to marry any of the women of Kenaan. On this basis, Yalkut Yosef (Kibbud Av V’em p. 438) and Rav Aryeh Leib Shteinman (K'ayal Tarog Shidduchin p. 46) write that if the prospective young woman or man isn’t actually a good fit spiritually, the children certainly must listen to their parents. Yalkut Yosef clarifies that the Maharik (see next footnote) agrees with this. Rav Willig (oral communication) thought that this is a very important consideration when applying the Maharik.
- ↑ Meishiv Davar 2:50 says that if the parents are pained by a certain shidduch, the child should listen to them. Rav Aryeh Leib Shteinman (K'ayal Tarog Shidduchin p. 46) agrees.
- ↑ Rav Schachter (Mussar Shmooze on Dating min 16). Similarly, Shevet Halevi 4:124, Tzitz Eliezer 13:78, and Yalkut Yosef (Kibbud Av V’em p. 437) all hold that even though one doesn't have to listen to one's parents, he should do everything in his power to get them on his side to agree with the shidduch.
- ↑ Kiddushin 41a
- ↑ Rambam Isurei Biyah 21:3, Shulchan Aruch EH 21:3, Nitai Gavriel Shidduchim p. 84
- ↑ Shulchan Aruch E.H. 21:3, Shevet Halevi 5:200
- ↑ Otzar HaPoskim Even Haezer 23 footnote 31
- ↑ He quoted the Chabiner Rav, Rav Dovid Feinstein, Rav Moshe Heinemann, Rav Shmuel Fuerst, and Rav Chaim Kanievsky as all expressing disapproval of this practice because either it doesn't give the girl a fair chance, pictures can be deceiving, and it isn't tzanua for a girl to be giving out her picture.
- ↑ The Chelkat Mechokek 22:13 writes that a person who is comfortable around a certain woman is forbidden to seclude himself with her in an area open to the public. The Taz 22:9, however, disagrees and permits it. Chida (Birkei Yosef 22:6 and 245:6) proves from Shulchan Aruch and others that it is permitted but he still isn't willing to be lenient. Kitzur Shulchan Aruch 152:5 rules like the Chelkat Mechokek. Misgeret Hashulchan 152:10 cited by Otzar Haposkim 22:9:13 is lenient in extenuating circumstances. Nitei Gavriel (Yichud 32:7) writes that in cases of need such as with a doctor, one may be lenient unless the person is comfortable around the woman in an inappropriate sense. Tzitz Eliezer 6:40:12:4-8 is lenient. Gan Naul 8:25 seems to be lenient. He quotes the Shevet Halevi 5:23:7 and Divrei Chachamim 5:11 as permitting, while the Noda Beyehuda E.H. 2:18, Aruch Hashulchan 22:6, and Igrot Moshe E.H. 4:60 are strict
- ↑ In general, Igrot Moshe E.H. 2:15 holds that a daughter protects a man from yichud just like his mother, wife, or sister. This is in disagreement with the Pitchei Teshuva 22:2 who holds that these relatives do not protect from yichud with another woman, even though one is permitted to have yichud with that relative alone. Rav Soloveitchik (Nefesh Harav p. 256) agreed with Rav Moshe and applied it to a grandmother as well. Mishnat Yehoshua (Erusin v. 1 p. 73) applies this to dating.
- ↑ Knesset Hagedolah (Hagahot Tur E.H. 22:11) writes that a door that's open to the street only permits that room and not the upper or lower floors connected to that room. The Otzar Haposkim 22:9:5 quotes the Apei Zutrei 22:20 and Nichpeh Bkesef who agree. The Otzar Haposkim 22:9:5 quotes the Nidrei Zerizin 2:9 and Bet Shlomo O.C. 48 who write that rooms connected to a room open to the public are still subject to yichud, and only the room that is open to the public itself is permitted. On the other hand, the Ezer Mkodesh seems to be lenient. Dvar Halacha 3:9 quotes this dispute and adds that the Bet Meir is strict but the Maharsham is lenient.
- ↑ Rav Schachter (oral communication)
- ↑ Dvar Halacha 3:5
- ↑ Orchot Habayit 34:31
- ↑ Mishnat Yehoshua (Erusin v. 1 p. 62-3) quoting Rav Elyashiv, Teshuvot Vehanhagot 5:331. This approach treats a car like being outside since it is possible to see into the car windows. However, Igrot Moshe 4:65:3 was strict not to allow a man and woman to enter a car together because they could stop in a deserted area. Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:91:21 and Rav Willig (cited by Rabbi Jachter) are lenient. Rav Schachter is strict but acknowledges that dating in today’s world it isn’t practical to be strict on this
- ↑ Rabbi Willig (oral communication) thought that we could be lenient since there is a camera in the room and someone is watching the cameras at all times. He added that it might not be recommended depending on the situation and the people asking. Therefore, it is appropriate to ask a Rav for each case. Rabbi Wiederblank agreed
- ↑ Rabbi Neuberger (oral communication), Rav Aryeh Lebowitz (Ten Minute Halacha)
- ↑ Beer Yisrael p. 42 citing Igrot Moshe OC 4:118, Chafetz Chaim klal 9
- ↑ Beer Yisrael p. 42
- ↑ Beer Yisrael p. 43 quoting the Steipler and other gedolim, Igrot Moshe 4:118
- ↑ The Gemara Brachot 61a states that it is better to walk behind a lion than a women in the marketplace. Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:91 writes that today since there are as many women as there are men on the street unlike in the days of chazal it is impossible not to follow a woman in the street. He concludes that for a mitzvah or for etiquette one can be lenient to follow a woman in the street. Rabbi Willig (approx min 30) added that even though it is impossible not to walk behind women but still you need to be careful of what you see. Rav Nissim Karelitz in Chut Shani (Shabbat v. 3 p. 268) writes that nowadays when it is impossible not to walk behind a woman in the streets one should walk quickly so as not to follow a particular woman. The Leket Yosher YD p. 37 writes that it is permitted to follow a religious woman nowadays. Tzitz Eliezer 9:50 explained that today it is permitted to follow a woman in the street since it is so common it doesn't arouse inappropriate thoughts. He quotes Rav Shlomo Zalman Auerbach as agreeing with him. Yabia Omer OC 6:13:5 seems to agree.
- However, Gan Naul (Tzeniyut v. 1 3:4) holds that the prohibition still applies today. He quotes Doleh Umashkeh p. 290 who records that Rav Chaim Kanievsky said that it is proper to avoid walking behind a woman today if it is possible. He also cites the Bnei Yakov siman
- ↑ The Mahari Barin (cited by Darkei Moshe 695:7) writes that a man shouldn’t give mishloach manot to a woman or vice versa. The Rama O.C. 695:4 codifies this. The language of the Rama implies that the reason is that if they give each other mishloach manot it will look like a kiddushin. However, the Machatzit Hashekel 695:15 explains that there is no concern that these gifts will affect a questionable kiddushin with the woman because there would need to be valid witnesses. Also, we are not concerned that a gift given for another reason is considered kiddushin (Rama E.H. 45:1). Rather the concern is that perhaps someone seeing this interaction will think that they are already married and this is a gift between them. Mishna Brurah 695:26 agrees. See Betzel HaChochma 5:51 for another approach. Aruch Hashulchan 695:18 adds that the primary issue is that when a man gives a gift to a woman it leads to an inappropriate affection and closeness. Shvut Yakov 1:41 and Tzemach Yehuda 3:235:4 agree. Chashukei Chemed Megillah 4a quotes Rav Elyashiv as holding that if there’s no alternative, a man could give mishloach manot to a woman if given in a nonaffectionate manner.
- ↑ Rav Schachter (oral communication) explained that it is completely permitted to give dating gifts or the engagement ring and there is no concern for kiddushin.
- ↑ Rav Aryeh Lebowitz (Ten Minute Halacha) quotes Rav Sobolofsky and Rav Schachter who thought it is inappropriate for a dating or engaged couple to give each other mishloach manot. Even though there is very little to be concerned with since their intentions are not for kiddushin and the reason of the Aruch Hashulchan doesn’t apply (since it is appropriate for them to give gifts to build the relationship), nonetheless, since the Rama explicitly forbids mishloach manot, we should observe that minhag.
- ↑ *The Mahari Barin (cited by Darkei Moshe 695:7) writes that a man shouldn’t give mishloach manot to a woman or the opposite. The Rama OC 695:4 codifies this. The Machasit Hashekel 695:15 explains that the concern that through these gifts the man will affect a questionable kiddushin with the woman isn’t an issue because there would need to be witnesses for it to be a valid kiddushin. Rather the concern is that perhaps someone seeing this interaction will think that they are married and this is a gift between them. Magen Avraham 695:15 and Mishna Brurah 695:26 concur.
- Aruch Hashulchan 695:18 adds that the real issue is that when a man gives a woman a gift it leads to a closeness which is inappropriate. Tzemech Yehuda 3:235:4 agrees. Chashukei Chemed Megillah 4a quotes Rav Elyashiv as holding that if there’s no other choice a man could give mishloach manot to a woman if given in a manner that wouldn’t cause to closeness.
- ↑ Rav Mordechai Willig (oral communication)
- ↑ Rav Schachter (oral communication)
- ↑ Rav Mordechai Willig (oral communication)
- ↑ Devarim 13:5 and Sotah 14a. Midrash Rabba Tzav 8:1. See “Paying the Shadchan” by Rabbi Avi Zakutinsky
- ↑ Shulchan Aruch O.C. 306:6 allows one to arrange a Shidduch on Shabbat, even if it involves discussion of financial matters that would otherwise be a form of forbidden speech on Shabbat. See Kaf Hachaim 306:50
- ↑ Igrot Moshe CM 1:49
- ↑ Igrot Moshe EH 1:91. Rav Moshe explains that there's a cherem to break an engaged once they if they wrote up tenayim or shidduchim or if they decided to get engaged in a place where they do not write tenayim or shidduchim. In terms of ani hamehapech b'charara seemingly it should be permitted for two reasons: 1) According to Rabbenu Tam, there's no issue of ani hamehapech b'charara when dealing with something that is free. Since marrying a woman is like getting something from hefker (ownerless), stealing a fiancé is permitted. 2) According to Maharam, there's no issue of ani hamehapech b'charara before the buyer and seller decided on a price. So too, with an engagement there's no prohibition before they write the tenayim. However, Rav Moshe writes that since there's a cherem to break the engagement there's also a prohibition of ani hamehapech b'charara to steal an engaged woman. He explains that there's two approach to Rabbenu Tam. One is that something that everyone can acquire equally like hefker is not subject to ani hamehapech b'charara (Rama citing Radach). But the engaged woman is not equally available to anyone. Another reason for Rabbenu Tam, is that hefker doesn't belong to anyone so it is fine to take it (Shach citing Ramban). But with engagement since both the man and woman want to marry it is like they're married in the sense that it would be forbidden for anyone else to marry her.
- ↑ Igrot Moshe EH 1:91 s.v. yatza
- ↑ Igrot Moshe EH 1:91