Negiah: Difference between revisions

#Taking a subway or bus at a crowded time is permitted even though you might bump into the opposite gender.<ref>Igrot Moshe EH 2:14 writes that it is permitted to take the subway or buses even if it is likely that one might bump into a woman. According to the Shach YD 157:10 and 195:20, since it isn't derech chiba it isn't forbidden to touch a married woman or niddah. He argues that even according to the Shulchan Aruch 195:17 who is strict regarding your wife when she is a niddah if it isn't derech chiba, that is only a stringency relevant to one's wife since it could lead to derech chiba. However, for other woman even Shulchan Aruch could be lenient. Igrot Moshe follows the Shach. He adds that if this type of touching will lead him to have a hirhur if he has to go to work at that work he can go and try to avoid the hirhur by thinking about Torah. If he can't help himself because he knows he's going to be aroused then he may not go to work that way. But he says that it is forbidden to have such a lustful nature.</ref><ref>Mishna Halachot vol 4, 186- Rav Menashe Klein agrees with Rav Moshe that it it is mutter to ride the subway or bus as the contact made with the female is not derech chiba. However, even if one holds that contact that is not derech chiba is assur, the contact on the bus and subway was still unintentional and, therefore, permitted. He offers advice that when one is riding the subway or bus one should look into a sefer and keep his mind on Torah thoughts.</ref><ref>Pesachim 25b- The Gemara discusses the idea of a "forbidden benefit" and if one is obligated to change their path  in order to avoid a certain pleasure or benefit. This relates to the idea of riding on a subway or bus as the question comes up if one needs to change their path in order to avoid the potential benefit of contact with the opposite gender. When referring to this gemara, Rabbi Ari Wasserman quotes the Ateres Paz (Part 1, vol. III, Even HaEzer 6) which states that even if one is able to take a taxi to work, he does not need to as this is a very expensive option and he does not need to pay to avoid the subway or bus. Rabbi Wasserman also quotes the ''She’arim Metzuyanim B’Halachah (''vol. IV, 152:11) which states that if the contact on the subway or bus is unintentional it is mutter. Tosfot writes that sometimes a different path is possible, although it is a tircha to take that path. According to tosfot it is as if this path does not exist and he is permitted to take the easier path.</ref><ref>Baba Basra 57b- The gemara writes that women used to do laundry by the river bank and would roll up their skirts in order to avoid getting them wet. The gemara describes a man who walks on the river bank  with his eyes covered to ensure that he does not see the women dressed immodestly. If the man could have gone another way then he is considered a rasha. However, it is a ''ones'' if he has no other path. This seems to imply that if one has another path then he must avoid taking the more crowded subway. </ref>