Questions About Ervah
Question: What determines which areas of the body are considered tefach meguleh, that do not permit devarim shebekudashah to be recited when they are visible?
Discussion: Tefach meguleh includes any part of the body that normally remains covered, either based on the standards determined by Chazal, or as accepted by local minhag hamakom (community standards).
- Chazal’s Standards: Chazal understood that seeing certain parts of the body will bring one to hirhur. These areas are considered tefach meguleh, even in a locale where many people dress in a way that does not properly cover these areas.
- Minhag Hamakom: Chazal understood that seeing parts of the body other than these will not naturally evoke hirhur. In a locale where the actuality is that people nevertheless cover these areas, their being visible may nevertheless evoke hirhur, for the reason that people are used to seeing them covered. These areas are thus included within the halachos of tefach meguleh when reciting devarim shebidushah in these places.
Question: How large of an area must be exposed to be considered problematic?
Discussion: The size of the area that does not allow devarim shebekudashah to be said when visible depends on the part of the body. For a part of the body that easily evokes hirhur, any exposure creates an issue. Other parts of the body that are normally covered only forbid a davar shebekudashah should one see a tefach area or more; the fact that a smaller amount may be visible is nonproblematic.
There are three opinions of how a tefach area is calculated within the context of this halachah of creating a problematic tefach meguleh:
- Only the area of at least a visible square tefach, that is, a tefach long and a tefach wide, forbids devarim shebekudashah.373
- The dimensions of a square tefach in area are also problematic, even if the visible area is less than a tefach in one of the directions. For example, an exposed area of the length of 1.4 tefachim and the width of .75 of a tefach creates a total area of slightly more than one tefach, meaning that its presence does not allow devarim shebekudashah to be said.374
- Devarim shebekudashah may not be recited if the visible area is either a tefach long or a tefach wide, regardless of the span of the area’s other dimension.375 According to this approach, an area of one tefach by any amount is problematic.
However, Rema376 rules that this permission, of reciting devarim shebekudashah when less than a tefach of the tefach meguleh area is visible, is only relevant when seeing a usually covered area upon one’s wife, when she is permitted to him.377 In regard to another woman (or one’s wife when she is forbidden to him), however, seeing an area of even smaller than a tefach precludes devarim shebekudashah from being said.378 The later Acharonim disagree regarding whether the halachah follows Rema’s ruling.379
373 Mekor Chaim 75:1
374 Igros Moshe, Even Ha’ezer I:58.
375 Mishneh Sachir, Orach Chaim 27; Beis Baruch, Chayei Adam 4:5, in a footnote to note 10.
376 75:1.
377 Ishei Yisrael 55, note 41.
378 The Poskim disagree regarding the halachah of a visible tefach meguleh of one’s older daughter (above the age of eleven), within Rema’s ruling. Birur Halachah (75:1) maintains that a daughter has the same status as a wife, and Ishei Yisrael (55 note 43) notes that this is also the implication of the Chofetz Chaim in his work Geder Olam. R’ Chaim Kanievsky (cited at the end of Ishei Yisrael, in Teshuvos R’ Chaim Kanievsky 62), though, is concerned that a daughter may have the same status as another woman.
379 Mishnah Berurah does not cite a dissenting opinion, and Chazon Ish (16:7) also concurs with this ruling. Cf. Bach; Eliyah Rabbah (75:1); Pri Megadim, (Mishbetzos Zahav 75:1); Shulchan Aruch Harav 75:1; Chayei Adam 4:2 with Nishmas Adam 1; Aruch Hashuchan 75:2; and Kaf Hachaim 10.
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